What's copyrighted?
Most works are, even if they don't have a copyright symbol. Whether
it's a photograph, a painting or a cartoon - if you can see it, it's probably
copyrighted. "Copyright is secured automatically when the work
is created, and a work is "created" when it is fixed in a copy or phonorecord
for the first time." "The use of a copyright notice is no longer
required under U. S. law..." ---
U.S. Copyright Office
Can we scan pictures from books?
Only with permission, since most images are copyrighted. No matter
how old the book's photos or paintings are, it's likely that the book publisher
has copyright for the images, or has obtained rights to use the images
from the copyright holders. Crediting the photo isn't good enough.
Do we need permission to download pictures from the
Web?
Absolutely. "The medium (i.e.. print or electronic) does not
make a difference. The odds are excellent that anything you see on the
Internet is copyrighted and that using it without permission constitutes
an infringement." -- The
Copyright Society of the U.S.A.
What if it's something really old?
Works created before 1923 are generally in the public domain (not copyrighted).
But, museums usually hold the copyright to their paintings and other works.
Unless they give us permission, we may not be allowed to reproduce their
collections in the newspaper. --Lolly
Gasaway's Public Domain Chart
Where do we find photos without copyright restrictions?
Works created by the U.S. government have no copyright. Some
databases of photos - such as the AP Photo Archive and PressLink - sell
images for one-time use in newspapers. Ask the Photography department
for help locating pictures in these databases.
What if the picture is on a U.S. government Web site?
Even if the Web site belongs to the U.S. government, the images might
not. The Library of Congress has a wonderful collection of pictures
on its American Memory Web site, but it makes a disclaimer about their
copyright status: "...the reproduction of some materials may be restricted
by terms of Library of Congress gift or purchase agreements, donor restrictions,
privacy and publicity rights, licensing and trademarks. Transmission
or reproduction of protected items beyond that allowed by fair use requires
the written permission of the copyright owners." --
The
Library of Congress
Do we need permission to use an album or book cover
with a review?
No. "Notwithstanding the provisions of sections 106 and 106A, the
fair use of a copyrighted work...for purposes such as criticism...is not
an infringement of copyright." --U.S.
Copyright Office
Is it okay to use the picture if we can't find the
copyright owner?
"No, not any more than being unable to find a grocery store clerk
lets you walk out without paying for your order. "--The
Copyright Society of the U.S.A.
What if we find the owner, but we don't get an answer?
Sometimes, even if you go through all the right steps, you may not
figure out whom to ask or the owner may not respond. There truly may be
no one who cares about what you do with a particular work, but the
bottom line is that no amount of unsuccessful effort eliminates liability
for copyright infringement. Copyright protects materials whether the owner
cares about protection or not. --The
University of Texas Copyright Crash Course
If we don't have time to get it in writing, is it okay
if we get verbal permission?
"Permission does not have to be in writing. If you receive oral
permission, precisely describe what you want to do, and then document the
conversation carefully. It wouldn't hurt to send a confirming letter to
the owner, asking him or her to initial it and return it to you if it accurately
reflects your agreement." --The
University of Texas Copyright Crash Course
Once we have permission, can we save the photo in Tark
and re-use it?
According to the Copyright Society, most copyright holders assume you
only want the right to use the photo one time. If you want to archive
and re-use the photo, you need to specify that when you ask for permission.
Do we have a permission form to use?
Yes. Feel free to fax or mail the attached form when requesting copyright.
By the way, what's the worst that can happen if we
use something without permission?
"(c) Statutory Damages. (Sec. 504. Remedies for infringement: Damages
and profits- U.S. Code) (2) In a case where the copyright owner
sustains the burden of proving, and the court finds, that infringement
was committed willfully, the court in its discretion may increase the award
of statutory damages to a sum of not more than $100,000." --Code
of Federal Regulations, Title 17, Chapter 5
So, how do we get permission?
It may take some digging. Here are a few places to find
copyright holders:
Book publishers
Check out the publishers list in Good News (Local Non-Daily/Book/PublishersList).
Try searching for their names on the Internet with Northern
Light (http://www.northernlight.com).
Web site owners
Try WhoIs
(http://www.networksolutions.com/cgi-bin/whois/whois). WhoIs gives
you the names and phone numbers of Web site administrators.
For more information, try one of these Web sites:
The Copyright Commandments
(http://www.pacaoffice.org/paca4.htm)
Copyright
Crash Course (http://www.utsystem.edu/ogc/intellectualproperty)
The Copyright Office (http://lcweb.loc.gov/copyright)
Copyright
Q & A from the Library of Congress (http://memory.loc.gov/ammem/ndlpedu/resources/cpyrt/index.html)
The Copyright
Society of the U.S.A. (http://www.law.duke.edu/copyright/index.htm)