Copyright Basics, Using Published
Resources
Copyright questions and the re-use
of information found on the web, in books, and other sources can be a
difficult issue. This essay is as I understand it from professional
counsel (see references below) and research, and not offered as
professional advice (although the content of this page has been reviewed
by credentialed sources for accuracy). You should refer to the
US
Copyright Office or the
US Patent
and Trademark offices for specific information.
Intellectual property (that
is writing, drawing, composing... any method of creative presentation)
is automatically protected under the Copyright Laws of 1976 and 1978,
once the material is placed in fixed form (including but not limited to
print, magnetic media, sound recording, and the internet). It is not
required to be published (that being defined as distributed to the
public). Registration with the US Copyright Office is not required in
order to be protected, but may be beneficial; it can be difficult to
establish legal claims, if needed, without it. Copyright is in effect
for the length of the creator's/author's life plus 70 years in most
cases (see US Copyright Law for exceptions). After a copyright has
expired the material is considered to be in the "public domain" and no
longer under protection in terms of royalties or licenses. However,
attribution/citation requirements still apply.
Attribution
is referring and giving credit to a particular author, artist, etc.
Citation is referring and giving
giving credit to a published or unpublished source. Both refer to giving
credit to others' ideas, and it's the right thing to do if not in fact,
legally required.
When you purchase or
otherwise obtain copyrighted material (such as a book or recording) you
may use it for your personal enjoyment and growth. You cannot copy (by
any process), cut, save, print, or photocopy/reproduce it, and/or reuse
or market it for profit, or under any circumstances claim or imply it to
be your own work or creation. The concise limits are summarized as: it
may not be republished, broadcast, rewritten, or redistributed by any
means. Using someone else's work as your own is plagiarism and a
prosecutable offense under US Federal law. And, in this day and age of
e-readers, tablets, etc., it's important to note that even if you have
purchased a hard-cover book, it is still illegal to scan it for use
electronically. That falls under "copying, by any process",
"reproducing" - take your pick - even if you are the only one that will
be using the digital files.
Information that is used verbatim
must be quoted and cited. This applies not only to "hard copy print"
media, but also to the web, where it is so easy to "right click and
save", leading to the thought that it's now yours. It's not. Using the
web is no different than using any other reference media, and web
content is protected under copyright laws just as anything. Links to
specific web pages on another server should be clearly indicated that
they lead to another website (just like you would direct someone to
another book in the library), otherwise is can be tantamount to theft of
content (note that this is different from simply linking in general to
other websites). Using someone else's work without permission even if
the source is cited, depending on content and law, may still be illegal.
As stated by the US Copyright Office on its website,
"Acknowledging the source of the copyrighted material does not
substitute for obtaining permission." As the US Copyright Office
advises, if you take the time and effort to request permission, one can
rarely go wrong.
Reusing copyrighted material
for other than personal use usually requires permission, royalties
and/or licenses. Copying and using the materials beyond personal use may
(and usually does) require direct permission from the publisher or
originator. When it is granted, you include on your copies and use of
the materials a statement to the effect of "such and such used
with permission of the author", or equivalent. Some expanded copyright
statements outright prohibit any further use of the material. On the
other hand, authors may include a disclaimer on their work that reuse
for non-profit purposes is permitted. This happens often with matters of
information for the public good, education or other some such worthy
cause. Failure to follow copyright direction can result in legal
penalties.
Copyrighted information being
used on a limited bases for non-profit education is generally considered
"fair use" - for example, a page or a section of a page of a book may be
given has a handout in a non-profit teaching situation, providing the
source of the information is acknowledged.
Further confusing intellectual
property issues is what falls under copyright protection versus patent
or trademark protection. See the U.S. Copyright Office and the US Patent
and Trademark Office website for further definitions of intellectual
property and the clarifications of which protection applies to what type
of intellectual property. It is however, important to remember that in
virtually all circumstances one of these protections will usually be in
force and applicable.
Legalities not withstanding, there
are also moral and ethical standards to be considered, as well as simple
downright common courtesy. We all remember writing reports and papers in
school, learning to use foot notes, quotes and bibliographies. That was
teaching us not only the legal requirements, but the ethical ones of
mutual respect, as well. All of that still holds today even if the web
has made the trip to the library obsolete. It is universally accepted
within honor, courtesy and protocol that when using previously published
materials and others' creative contributions (such as in a book, on a
website, within created materials, etc., that there be acknowledgment by
attribution or citation to the originator. Information published
on the web is a very confusing and vulnerable issue, since the
information is seems to be "free for the taking". Just because it can be
found and easily copied, pasted and saved doesn't make it legal or
correct to do so.
TemariKai.com has grown to
what it is today because of the community of web readers and discussion
group members that so willingly share and contribute to it. This
community has been nurtured since 1998 in a spirit of sharing, good
will, trust, and mutual respect based on a love of, and passion for, the
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its future by asking permission from the authors and contributors before
you take material to reuse for any other reason, or for profit, and
please give proper attribution/citation as appropriate. If you need help
to request use of material from Temarikai please feel free to
email
for help. We thank you.
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