Culture and Psychology of Arab-Muslim Societies
Psychology 238

Fall 2007

Copyright: What You Need to Know | Copyright Guidelines for Websites | Requesting Permission

COPYRIGHT: WHAT YOU NEED TO KNOW

What is the Copyright Law?

Copyright refers to a Federal law (Title 17, U.S. Code) that protects works like books, articles, music, poems, etc. from being copied, changed, or used without permission.  It gives the copyright holder the exclusive right to reproduce and distribute their works. However, there are limitations on these rights, including “fair use.”

What is Fair Use?

Fair use says that using other people's copyrighted works in certain ways does not require the copyright holder's permission.

Section 107 of the Copyright Law lists four factors to help determine when using copyrighted materials may be considered "fair use."

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit, educational purposes.

If a use is intended to make money, it is probably not fair use.

1. The nature of the copyrighted work.

Use of a purely factual work is more likely to be fair use than a creative work.

1. The amount and substantiality of the portion used in relation to the copyright protected work as a whole.

If you’re using too much of a work, it is not fair use.

1. The effect of the use on the potential market for or value of the copyright protected work.

If you use a work in a way that infringes on the right of the copyright holder to profit from it (through selling it or licensing it), it is not fair use.

What is Public Domain?

“Public domain” means that a work is either no longer protected by copyright or never was.Many people confuse “public domain” with the fact that a work may be publicly available, such as information found in books or on the Internet.

Public domain materials generally fall into one of four categories:

1. Generic information, such as facts, numbers and ideas.
   
   
2. Works whose copyrights have lapsed due to the passage of time or the failure of the copyright holder to renew a registration (a requirement that applies to works created before 1978).
   
   
3. Works created prior to March 1989 that failed to include a proper notice of copyright.
   
   
4. Works created by the U.S. federal government.

See: Hirtle, Peter. Copyright Term and the Public Domain in the United States. [Updated 1 January 2007; accessed 26 October 2007]. Available at: http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm.

Bibliography

U.S. Copyright Office. Copyright Basics: Circular 1. [Updated 2006; accessed 26 October 2007]. Available from: http://www.copyright.gov/circs/circ1.html.

Copyright Clearance Center. What is Copyright. [Updated 2007; accessed 26 October 2007]. Available from: http://www.copyright.com/ccc/viewPage.do?pageCode=cr10-n.

Hirtle, Peter. Copyright Term and the Public Domain in the United States. [Updated 1 January 2007; accessed 26 October 2007]. Available at: http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm.

Indiana University - Purdue Unversity Indianapolis, Copyright Management Center. Checklist for Fair Use. [Updated 2006; accessed 26 October 2007]. Available at: http://www.copyright.iupui.edu/checklist.htm.

Kalamazoo College Library. How to Cite Sources. [Updated 2 April 2007; accessed 26 October 2007]. Available at: http://www.kzoo.edu/is/library/reference/guides/citations.html.

Kalamazoo College. Copyright at Kalamazoo College. [Updated 21 April 2005; accessed 26 October 2007]. Available at: http://www.kzoo.edu/is/copyright/.

COPYRIGHT GUIDELINES FOR WEBSITES

Web publishing does not fall under “fair use.” The creator of a work loses control of its use when it is accessed by others over the Internet, unless it can be accessed by your class only. Therefore, you may want to search for images that are within the public domain. You should still get permission for all copyrighted works, unless it is very clearly noted that these materials are in the public domain and available for free use.

Remember:

1. Not everything on the Web is in the public domain.
   
2. Even old stuff can be protected by copyright.
   
3. Always ask for permission, unless the material explicitly states you don’t have to.
   
4. Be conservative. Use only small amounts of the works of others.
   
5. Keep a record of the permission you received.
   
6. Note all alterations you make to a work.
   
7. Give credit! Use full bibliographic citations, including author, title, publisher, place and date of publication, URL, date accessed, etc. However…
8. Citing a work is not enough! If copyrighted material (such as an image) is going to be posted to a Website, and that Website will be available to more than just your class, it DOES NOT fall under “fair use!”
   

Copyright-Friendly Sites for Images

Most of the images in these collections are in the public domain. You may not need to ask permission to use them on the Web for educational purposes, but you still must cite them unless otherwise indicated!

Wikimedia Commons: http://commons.wikimedia.org/wiki/Main_Page

MorgueFile: http://www.morguefile.com/archive/

FreeFoto: http://www.freefoto.com/

Freepixels: http://www.freepixels.com/

PDPhoto: http://pdphoto.org/

Open Clip Art Library: http://www.openclipart.org/

REQUESTING PERMISSION OF A COPYRIGHT HOLDER

When writing for permission, you are more likely to get a positive response if you:

• make it easy for the copyright holder to respond
• are very clear and specific about what materials you want to use
• are very clear on how you plan to use them
• make your request politely and intelligently

Remember to:

• ask only for what you really need
• write early so that you have a better chance of getting a response before your deadline
• include a stamped, self-addressed envelope with a request via U.S. Mail, or your email address with an emailed request

<Date>
<Publisher's Name (if available)>
<Publisher's Address (if available)>

Dear Sir or Madam,
I am a student at Kalamazoo College, and I am writing to ask permission to use
___________________________________________________________________
(a quote or picture or music or video clip--be specific about exactly what piece of copyright material you are asking for) in my Web project. This project is a school assignment for my _____________class. I expect the project to be posted on our school's Web site on _____________________________(date).

Thank you for considering my request. If you agree, I will properly cite the source on my Web page. Please let me know if you'd like me to follow any special instructions for acknowledging this material. Please email your reply to me. 

Sincerely, 
<Your name>
Kalamazoo College
1200 Academy Street
Kalamazoo, MI 49006
http://www.kzoo.edu
<Your email>

This information has been customized for Kalamazoo College students from Springfield Township High School Virtual Library. Requesting Permission from a Copyright Holder. [Updated 2007; accessed 26 October 2007]. Available at: http://www.sdst.org/shs/library/letter.html.