Copyright - Frequently Asked Questions
See also Carpenter Library Copyright Page
OWNERSHIP OF COPYRIGHT
In general, the author of a work owns the copyright. However, most publishers ask you to sign a document when you receive the acceptance of your book chapter or article. If you signed a copyright agreement with the publisher you must receive permission from the publisher if you wish to republish the text or figure in another publication.
Holder of Copyright: Authors of scientific works should be aware that the publisher of such works obtain and hold the copyright of both scientific books and articles published in their journals. Requests for use of copyrighted material must be obtained from the publisher. Therefore, authors are not allowed to grant permission for others to use such copyrighted materials. Should an author receive a request for use of copyrighted material, the request should be referred to the publisher.
OTHER UNIVERSITIES AND MEDICAL SCHOOLS
Most Universities and Medical Schools have policies similar to ours. In some places they just use the University Policy. A good example is the Princeton University Policy Statement.
WHAT IF I DON'T FOLLOW THE COPYRIGHT GUIDELINES? WHAT CAN HAPPEN?
Copyright guidelines and laws are in effect to protect your work and that of others. The legal penalties are quite severe and quite enforceable. Cases have been brought by publishers and manufacturers against faculty. The Copyright Act provides for the award of damages and attorneys' fees for unauthorized copying; willful infringers are subject to fines of up to $100,000 for each work copied. For more information about the consequences of copyright violation, see Carpenter Library's Copyright Policy.
*Note: The Wake Forest University School of Medicine is not required to defend an individual who ignores or knowingly fails to comply with the laws pertaining to copyright.
WHAT IS FAIR USE?
Fair Use is a narrow exception to the general rule that copyrighted materials cannot be used, copied or distributed without permission of the copy-owner. The uses specified by Fair Use are for criticism, comment, news reporting, or teaching. One should always assume that any published, printed or electronic materials are copyrighted and make proper investigations unless the materials are explicitly identified as belonging in the public domain. Fair Use provides for limited copying and distribution of copyrighted materials. The law provides four (4) tests, which must be applied to determine whether copying or distribution falls within the limited exemption fair use:
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The purpose and character of the use.
Fair use applies to portions of copyrighted materials that are duplicated and distributed for specific educational purposes, particularly if the copies are made spontaneously, for temporary use, and not as an anthology.
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The nature of the copyrighted work.
Copying factual works and published works are more likely to be considered fair use than copying a work of fiction or an unpublished work.
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The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
Fair Use allows for the use of segments of a copyrighted work rather than the work in its entirety
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The effect of use on the potential market for or value of the work.
Fair use is more likely to be found when the copies do not reduce the sale of the work or are not used for commercial purposes.
WHAT CAN I COPY FOR USE IN MY CLASSES?
Guidelines for the instructional use of copyrighted materials:
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Copying
Following the Fair Use guidelines set forth above, portions of copyrighted printed, electronic, or multimedia materials may be captured, digitized, manipulated, or transferred to an alternative medium for educational purposes only
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Acknowledgement
Each segment or page should clearly and prominently acknowledge the holder of the copyright.
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Incorporation of digitized materials into new works
Digitized materials may be incorporated into new works for instruction only. If the new works are used beyond the scope of the original instructional use or have commercial use, permission to use the materials must be obtained from the holder of the copyright.
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Digitized collections
1. Collections of digitized images or multimedia designed for instructional use as limited by the doctrine of fair use directly to instruction or research.
2. If such collections are to be a permanent resource or widely used by faculty and students, permission for use must be obtained from the copyright holder.
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Network access to digitized materials
1. Network access via the Internet to WFUSM created digitized study collections that include copyrighted material is restricted to the campus network.
2. These collections must be for temporary instructional purposes only and must be removed at the end of the academic term for which they are intended.
3. Notice must be prominently displayed indicating that materials may not be downloaded, printed, or modified except for temporary instructional purposes as specified by the doctrine of fair use.
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Personal and course Web pages
1. Creators of Web pages must adhere to the rights of copyright holders.
2. Fair use exemptions only apply when Web pages are exclusively used for educational purposes.
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Retaining and distributing commercial “off air” materials.
1. “Off Air” recordings of commercial material for instructional use may be used for 10 calendar days after the recording was made.
2. The material may be kept by the faculty member for 45 calendar days after the original broadcast, for research only, and then erased.
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Use of copyrighted materials in multimedia instruction.
Educators may incorporate portions of lawfully acquired copyrighted works when producing educational multimedia programs for their own teaching use.
1. Place a notice on the opening screen of the multimedia program and any accompanying print material that, “certain materials are included under fair use exemption of the U.S. Copyright Law…and are restricted from further use.”
2. Credit all sources on each screen or on a credits screen.
3. Use the multimedia projects only for educational (not commercial) purposes.
4. Destroy projects within two years of first use, except for a copy for personal use.
5. Use of educational copyrighted materials in multimedia projects are subject to additional restrictions as to how great a portion of a copyrighted work may be copied, and the number of copies an educator may distribute and make of the multimedia project.
HOW DO I GET PERMISSION TO USE A COPYRIGHTED WORK?
Work with the staff in Creative Communications and the Carpenter Library.
If you have ANY questions as to the appropriateness of any instructional materials to be copied, contact Creative Communications—Copyright Release (716-9405) or the Coy Carpenter Library (716-4378). The following is extracted from the University of Texas system: "If the work is part of a book or a journal article, contact the Copyright Clearance Center ("CCC") first. The CCC now offers an experimental electronic permission service and a well-established photocopy based academic permission service. Definitely worth a try. If the work you want to use is registered with the CCC, you can get permission within 24 to 36 hours. Permission during peak times like the beginning of fall semester will take longer".