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All members of the NSCC community are expected to adhere to the provisions of the United States Copyright Law and to take responsibility for copyright compliance.
The purpose of this Web site is to provide basic information and guidelines for educators about the multi-layered, complex topic of copyright, and to point to other resources that may be of assistance. Information on this web site is not comprehensive and is taken in large part from the law itself and/or published guidelines. See the section with resource links for additional information, including the U.S. Copyright Office Web site. In addition to the information and linked resources here, there is a very readable book published in 2003 by Washington State University Press called Copyright Law on Campus, by Marc Lindsey. The NSCC library has several copies available for check out and/or reference.
Copyright laws and guidelines
specifically for libraries and library staff are not included here except
for those pertaining to material requested by instructors to be put
on reserve in the library.
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Copyright grants the owner the right to control an intellectual or artistic creation and to require permission for others to use the work in specific ways. It is no longer necessary to register a work in order to assert copyright ownership. See below for examples of what is and what is not protected by copyright.
Copyright protects
original works that are fixed in any tangible medium.
Some examples include literary
works, musical works (including any accompanying words), dramatic works, pantomimes
and choreographic works, pictorial, graphic, and sculptural works, motion
pictures and audiovisual works, sound recordings, architectural works, photographs,
cartoons - and even the drawings of a child. If an idea is expressed in some
way that you can see, hear, smell, or touch it, it probably is protected by
copyright.
Since copyright protects expressions in a fixed medium, ideas that have not been recorded (but perhaps talked about with another person), choreography, improvisational speeches or performances that have not been written or recorded are not protected. Nor are compilations or lists of facts, procedures, processes, concepts, or works consisting entirely of information that is common property and containing no original authorship.
Another category of works that are not protected by copyright are U.S. Government publications. States and local governments can copyright their works if they wish. It is always best to check with the appropriate agency about copyright protection. Some works are old enough to be in the public domain.
There are some limitations on the exclusive rights of copyright -- fair use being of major importance to educators. It is important for educators to evaluate their potential use of copyrighted materials against fair use provisions and to obtain permissions for uses that exceed them. Not all educational uses are fair uses!
In addition, individual
statutes make specific allowance for distance learning (see the TEACH
Act), backup copies of software, and some reproductions made by libraries.
How to get copyright permission
1. A work published or copyrighted after Jan. 1, 1978 is protected for the life of the author plus 70 years.
2. Works published before Jan. 1, 1978 are protected for 28 years beyond the original copyright date. Copyright may be renewed for a total of 75 years from the original date.
3. Works published before 1923 can be assumed to be in the public domain.
