Copyright at Kalamazoo
College
UNITED STATES COPYRIGHT
LAW
The Federal government was given the authority to grant copyright
to its citizens in Article I | Section 8 | Clause 8 of the United
States Constitution:
[The Congress shall have power] "To promote the progress of science
and useful arts, by securing for limited times to authors and inventors
the exclusive right to their respective writings and discoveries;"
The United States Congress has passed several copyright acts that
are published in Title
17 of the US Code. The current copyright act was passed in 1976
and became effective in 1978. It provides the owner of a copyright
with the exclusive rights to reproduce, prepare derivative works,
distribute copies, to perform and to display his or her work, provided
that it is an original work of authorship in a fixed format. While
section 106
of Title 17 calls these rights "exclusive," they are subject
to limitations made in section
107 through section
120 which exempt users from copyright infringement in certain
circumstances. These limitations include fair use, educational use,
and library use.
In most instances, Title
17 of the US Code does not provide us with exact numbers and/or
percentages that would explicitly state when the use of a copyrighted
work crosses the line between "fair use" and copyright
infringement. Therefore, guidelines have been developed by many
interested parties to clarify in detail when the use of a copyrighted
work may be considered "fair use" and when that use is
an infringement of the copyright. These guidelines are meant to
give a minimum "safe harbor" and are not meant to supersede
or replace the actual Copyright Law as codified in Title
17 of the US Code or subsequent laws concerning copyright. Those
guidelines which have been reviewed by Congress and agreed to by
many divergent interested parties have been given more weight than
those created by an organization or organizations with a particular
self-interest. In addition, as courts decide on infringement cases,
their rulings guide the interpretation of Copyright Law and can
provide us with the explicit limits of the "fair use"
provisions of the Copyright Law.
The Kalamazoo College Copyright Policies have been developed to
adhere to the principles established by Title
17 of the US Code. Numbers and percentages have been taken from
guidelines that are broadly accepted by educational organizations,
publishing interests, as well as groups representing the authors
and inventors of writings, creations, and discoveries.
Finally, the current copyright law was created in an era of photocopy
machines and analog recorders. Current technology, especially the
growth of digital mediums and the Internet, is causing our government
to revisit our Copyright Law and offer changes and addendums. Therefore,
our policies will continue to be revisited and updated as new laws
are passed, treaties signed, and court cases decided.
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