<= /span>

Copy= right is one of four types of intellectual property protected by federal law in t= he U.S. The others are patent, trademark a= nd trade secret. Copyright is important for students and educators to understand. But everyone who creates Web pages should watch for trademark issues as well as copyright issues.

The Copyright Law (first enacted in 1790) gives Copyright owners the exclusive right to duplication (reproduction), distribution, derivation, display, and public performance (directly, digitally or by telecommunications). The attempt to balance the rights of copyright owners and the needs of researchers is provided for in the various exemptions found in Sect= ions 107 through 121 of = the Copyright Law. Of particular importance to students and educators are Sect= ion 107: The Fair Use Exemption and Sect= ion 110 The Face-to-face Teaching Exemption of The U.S. Code Title 17 (aka The Copyright Law). These portions of the copyright law provide educators and researchers (students) for the reasonable use = of copyrighted materials without permission from the copyright owner.

For = more information on Copyright see Circ= ular 1 Copyright Basics from the Library of Congress Copyright Office= and for more in-depth study of the Copyright law as it relates to Educators see Circ= ular 21

<= /span>

What= are Copyrightable Works= ?

Anyt= hing that fits into one of these eight categories is copyrightable works:

1) literary works (not limited to literature)

2) musical works

3) dramatic works

4) pantomimes and choreographic works

5) p= ictorial, graphics, and sculptural works

6) motion pictures and other audiovisual works

7) s= ound recordings and

8) architectural works

These apparent narrow classifications are in fact interpreted very broadly and co= ver pretty much anything the human creative intellect can come up with. For instance computer programs fall under the category of “literary works” and can be registered wi= th the copyright office.

<= /span>

What= is Protected By Copyright?

Copy= right protects the original expression of an idea in a fixed medium. The emphasis is on expression. The work must exist in some physic= al tangible form. But this can be just ab= out anything, the RAM on your computer, e-mail, software code, magnetic or digi= tal video or audio recording, your lecture notes and PowerPoint slides even a n= ote scribbled on a napkin. It only requires a modicum of originality and a minimal level of creativity.

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<= /span>

What Cannot Be Protected By Copyright?

Acco= rding to sect= ion 102 of Title 17 copyright protection does not extend to ideas, procedures, processes, syste= ms, methods of operation, concepts, principles, or discoveries, regardless of t= he form in which they are described, explained, illustrated, or embodied.=

In o= ther words facts, ideas and slogans cannot be copyrighted; only the expression of ideas. A live performance such as a lectu= re or a sermon or a concert cannot be copyrighted. The video tape or audio tape of the concert is copyrighted as is a transcript of a lecture or sermon.

The quality of a work, its aesthetics, similarity to another work and even the amount of effort (or lack thereof) put into creating a work is irrelevant to copyright protection. Copyrig= ht rewards originality, not effort.

A go= od example of similarity is the oft told tale of forbidden love. It has been retold over and over a= gain in a variety of scenarios as in Romeo & Juliet vis-à-vis West Si= de Story. The theme is not copyrightable but the details reinvented with each new telling are.<= span style=3D'font-size:8.0pt;font-family:"Verdana","sans-serif";mso-fareast-fon= t-family: "Times New Roman";mso-bidi-font-family:"Times New Roman"'>

A go= od example of effort viz a viz creativity is a telephone book. A telepho= ne book takes a great deal of effort to create but cannot be copyrighted becau= se it is only a list of facts - names, addresses and phone numbers. On t= he other hand a subject arrangement of those same facts are copyrighted because there exists some creativity -- minute though it may be -- in the development of a subject listing of names, address and phone numbers.

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<= /span>

Public Domain

When= is it OK to use other people’s material without permission? The first thing to do is determine= if the work is in the public domain. If it is, you’re free to duplicate, distribute, derive, displa= y, and perform publicly. If it&#= 8217;s not in the Public Domain, then you have the option of defending your use wi= th one of the exemptions or you must pay the piper (copyright owner) or don’t use it.

How = do you know if it’s in Public Domain?&n= bsp; It’s in the public domain if it’s in the FRIDGE of course.= ^{^[i]}= ^[1]<=
/span>

Facts

Recipes=

Ideas

Dedicated works

Government works (= U.S.)

Expired Works=

F is for Facts. Any fact, historical, scientific, biographical, news reports are Public Domain. News broadcasts maybe copyrighted = but not the news itself. Facts ca= nnot be copyrighted.

R is for Recipes. Recipes a= re really just an example of facts it makes the mnemonic work, otherwise we’d have fidge. But it’s a good example of facts vis-à-vis creativity.<= /span>

Beca= use recipes are facts they are therefore not copyrightable, there’s only = one way to list the ingredients for the world’s best chocolate chip cookie. Cookbooks on the othe= r hand maybe copyrighted especially the creative elements, like annotations and pi= ctures and special arrangement of the recipes, but the recipes themselves within t= he cookbook are Public Domain. R= ecipes and the like although not protected by copyright can be protected to a degr= ee by the intellectual property laws governing trade secrets.

I is for Ideas. Ideas can= not be copyrighted. But, applied ide= as can be patented as long as they are novel, useful and non-obvious. But ideas themselves cannot be copyrighted so copy away!

D is for Dedicated. Works may= be dedicated to the public domain. You will sometimes see statements to this affect on Web sites. Dedicated works are those that the copyright owner explicitly gives to the public domain = as in “I grant this to the public domain” or words very much to th= at effect. They may also contain conditions (for instance only for nonprofit use). Like “This chart may be freely duplicated or linked to for nonprofit purposes. No permission needed. Please include web address on all reproductions of chart so recipients know where = to find any updates.” However, if a work is clearly in t= he public domain, yet it has a copyright notice on it, the notice is meaningless. Also, long elabo= rate copyright notices have no bearing on Fair= Use.

G is for Government. All works published by officials of the U.S. government are public domain. However, private contractors sometimes write government publications, but retain the copyright and sometimes the government republishes a work th= at is copyrighted but got permission. The government has a wealth of information and images. This can be a real boon to webmasters. And if you’= re looking for pictures to put in your PowerPoint presentations search your subject in Google and limit to .gov sites.

E is for Expired. Expired w= orks are those which have reached the limit of their copyright protection. Unfortunately this is not always e= asy to determine. Mainly because the copyright laws have changed over time and they are not retroactive. However, on January 1, 2003 there = was a shout of joy heard round the world from archivists everywhere, because on t= hat day a large number of unpublished works entered the Public Domain.

What about older published works? = That depends mostly on what copyright law was in effect at the time of publication. If you want to k= now, you can use the chart below. Everything before 1923 is Public Domain unless it has been renewed.<= span style=3D'mso-spacerun:yes'> To find out if a work has been ren= ewed, you can pay the Copyright Office $20 per hour to do a search for you, you c= an hire a private copyright search firm like Copyright Clearinghouse or you can conduct a search yourself at the Library of Congress Copyright Office. For more information on investigat= ing the status of a copyrighted work see Inve= stigating Copyright Status .

17 U.S.C. § 302(e).R= 21;

http://www.copyright.cornell.edu/tr= aining/Hirtle_Public_Domain.htm

For = more information on when and how copyrighted materials enter the Public Domain s= ee Circular 15a “Duration of Copyright: Provisions of the Law Dealing with the Length = of Copyright Protection” and Ci= rcular 15t “Extension of Copyright Terms” from= the Library of Congress Copyright Office. This Fact Sheet (SL 15) will be helpful also &#= 8220;New terms for copyright Protection”.

For additional help in your understanding of Copyright terms a= nd conditions for works published and unpublished outside of the United States see the Public Domain Chart published by Cornell Copyright Information Center. You could also use the Digital Copyright Slider, an online tool for very simply and easily determining if a w= ork used within the U.S. is protected by copyright or not.=

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Protected From Public Domain

Unfo= rtunately (if you are the user), fortunately (if you are the entrepreneur), even works that are in the Public Domain can be protected against duplication, display, derivation, distribution and public performance.

Physical inaccessibility is one type of protection given to public domain materials. For = example on one of Todd Bolen’s archeological digs he uncovers a scroll of the Book of Genesis written by Moses himself.&= nbsp; This scroll is public domain because it was written before 1883, but Todd is practicing the time honored tradition of “finders’ keepers”. He’s go= t it locked in a vault. If you can’t get to it, you can’t use it!

Licenses and contracts are another means of protecting pu= blic domain intellectual property. Licenses and contracts always supersede copyright. Online Indexes and databases have = very explicit licensing agreements because much of the data is public domain and it’s the only way they have of protecting their market. On the bright side though, as an innocent third party, unless you have clicked or signed one, you are not responsible for adhering to the license agreement signed by another party.<= o:p>

Encryption is also used to protect material that is available to t= he public domain. At the moment anything protected by encryption or by some type of technological protection the work cannot be copied because it would require the breaking of the code. It is illegal to circum= vent any technological controls protecting access to a work even if the work protected by these measures is in the public domain. The same is also true of fair use -= - it is infringement to circumvent any access controls even if the work can be defended as a fair use.

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The Copyright Notice

As of March 1, 1989 a work is copyrighted the instant it becomes tangible. It is no longer necessary to = register with the copyright office. However,= it is still a good idea to file a work with the Library of Congress Copyright Off= ice in order to give the copyright owner a stronger case in court and more mone= y if someone infringes on the work. A = copyright notice is also still a good idea because it discourages infringement, it forestall= s a claimant’s argument the he didn’t know it was copyrighted, and = it makes it easier to track down the owner to get permission to use it.

The proper form for notice of copyright is the word Copyright the date(s) and t= he author or owner’s name. Some foreign countries still require the phrase “All Rights Reserved” but it is not necessary in the U.S. or signatories of the Berne Convention (see Internation= al Copyright below for more details). You could use the © if you choose instead of the word “Copyright” and for sound recordings regardless of format (e.g. VHS, DVD, CD, audio cassette)use th= e è. If you want to be more emphatic wi= th longer statements like

“no part of this book may be reproduced in any format or by any means in part o= r in full without express permission of the copyright owner”, etc, etc, et= c. go ahead but, the only thing it might do is act as a deterrent to infringer= s; it really has no legal merit. What does have legal merit is that the notice should be noticeable; not hidden away in the fine print. The location of the copyright notice is legally defined as “in such manner and location as to give reasonable notice of the claim of copyright”.
For more information on the Copyright Notice see = Circular 3 from the Library of Congress Copyright Office.

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Fair= Use Exemption

The = Fair Use Exemption is the primary defense used by individuals who wish to legally duplicate, display, derive, distribute or publicly perform copyrighted materials without the need to obtain permission from the copyright owner. It is applied very broadly by the courts, yet the law itself is very brief.&= nbsp; Here it is in its entirety:

Sec. 107. - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A,= the fair use of a copyrighted work, including such use by reproduction in copie= s or phonorecords or by any other means specified by that section, for purposes = such as criticism, comment, news reporting, teaching (including multiple copies = for classroom use), scholarship, or research, is not an infringement of copyrig= ht. In determining whether the use made of a work in any particular case is a f= air use the factors to be considered shall include -

(1) the purpose and character of the use, including whether = such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or v= alue of the copyrighted work.

The fact that a work is unpublished shall not itself bar= a finding of fair use if such finding is made upon consideration of all the a= bove factors

These four factors are weighed by the courts to determine whether or not a work qualifies for fair use protection. There is no definitive yes or no to fair use. For each situation and e= very circumstance all four factors must be weighed. An unfavorable use in one factor d= oes not automatically mean the work cannot be used. As users you can analyze these four factors yourself to determine the likelihood of your use qualifying as fair= use or not. The risk to you is re= lated to the amount of fines you might have to pay in the event you loose a law suit. The key to reduced l= iability relates directly to your ability to present proof of a “good f= aith effort”. To that end it= is important that you keep a record of your fair use analysis to establish your “reasonable and good-faith” attempts to apply fair use. If fair use does not apply, you mu= st get permission from the copyright owner or don’t use the material.

Than= ks to Dwayne Buttler and Kenneth Crews a Fair Use Checklist has been devised at the Copy= right Management Center of Indiana University. They hav= e made this checklist available to anyone who desires to use it. This tool has been designed “= ;to help educators… focus on the circumstances that are important to the evaluation of fair use and [to prov= ide] a means for recording your decision-making process”. The checklist is derived from the = four factors and from the judicial decisions interpreting copyright law. In using the Fair Use checklist, c= heck all the pertinent issues whether in favor of or opposed to fair use. Sometimes, some issues will weigh = more than others.

This= and othe= r fair use calculators are available online and can be consulted as an aide in ascertaining whether or= not your use is a defensible fair use. However, none of them should be consulted without first understanding the fair use factors themselves and how they relate to one another.

Let&= #8217;s take a closer look.

The = four fair use factors are Purpose a= nd character of the use of the work being copied, The Nature of the work, the Amount and substantiality of the portion being used in relation to the whole, and = the Effect of the use on the Market.

PURPOSE

The first factor to consider is the Purpose and character. That is, what are you going to use= it for? Is it for educational us= e, news reporting or criticism? = The law specifically state's “…the fair use of a copyrighted work, … by …teaching … scholarship, or research, is not an infringement of copyright.” Educational use especially in a nonprofit institution weighs in favo= r of Fair Use.

Uses likely to favor Fair Use
      • &nbs= p;     Nonp= rofit Educational
      • &nbs= p;     Teac= hing
      • &nbs= p;     Tran= sforming
      • &nbs= p;     Paro= dy
      • &nbs= p;     Crit= icism
      • &nbs= p;     News reporting
      • &nbs= p;     Rest= ricted access

Uses likely to oppose Fair Use
      • &nbs= p;     Comm= ercial
      • &nbs= p;     Ente= rtainment
      • &nbs= p;     Bad-= faith behavior
      • &nbs= p;     Deny= ing credit to original author

If i= t is a commercial use, you need to consider whether or not you are duplicating or transforming the work. The co= urts favor transformation of a work over exact duplication. Are you making a derivative of the original or are you making something quite creative that is different than = the original intended purpose?

Rest= ricted access is particularly important when uploading material onto a Web page. Restricting access to only your st= udents and only for a limited period of time will weigh in favor of your freedom to use it.

NATURE

The = next factor to weigh is the Nature of the work.= The more creative and artistic the original the less favorable it is= to Fair Use. Also unpublished wo= rks are less favorable than published works.&n= bsp; Facts cannot be copyrighted so the more factual the copyrighted work= the greater the work favors Fair use.

Uses likely to favor Fair Use
      • &nbs= p;     Fact= ual
      • &nbs= p;     Nonf= iction
      • &nbs= p;     Impo= rtant to educational objectives
      • &nbs= p;     Publ= ished
      • &nbs= p;     Out = of print

Uses likely to oppose Fair Use
      • &nbs= p;     Crea= tive (music, poetry, play scripts, fictional novels, short stories, paintings and the li= ke)
      • &nbs= p;     Fict= ional
      • &nbs= p;     Arti= stic
      • &nbs= p;     Unpu= blished

AMOUNT=

How = much of the work is being copied? A small percentage of the work in relation to the whole will find favor with = Fair Use, but only if that small percentage is not the heart of the work.

Uses likely to favor Fair Use
      • &nbs= p;     Small percentage
      • &nbs= p;     Port= ion not central or significant to entire work
      • &nbs= p;     Port= ion appropriate for educational objectives

Uses likely to oppose Fair Use
      • &nbs= p;     Subs= tantial in proportion to the whole
      • &nbs= p;     Hear= t of the work

Here= are some examples explaining the “heart of the work”. The famous segment of the I Love L= ucy show in which Lucy is working in the chocolate factory is a classic scene a= nd worth a fortune to the copyright owners.&n= bsp; So although it is only a few minutes out of the whole episode it is = the heart of not only that particular episode but of the entire Lucy show and if you want to use it you must pay a fortune for it. The chariot race from Ben Hur agai= n a very small percentage of the whole movie but it has come to be symbolic of = the whole and using it would weigh against fair use.

MARKET EFFECT

Mark= et Effect is linked closely with Purpose.&nbs= p; If your purpose is commercial than market effect is presumed. Many works are being marketed to t= he academic community and it is being argued that even educational uses have direct adverse market consequences and so duplicating these materials maybe unfavorable to Fair Use.

Harm= to the potential market must also be considered. It does not matter that a market d= oes not currently exist only that it could exist and be hurt.=

Uses likely to favor Fair Use
      • &nbs= p;     Does= not hurt the current market or the potential market (does not com= pete in sales of the original)
      • &nbs= p;     Copy= is not a substitute for the original
      • &nbs= p;     Limi= ted copies made
      • &nbs= p;     Copy= is not for sale or widely distributed
      • &nbs= p;     Copy= is not published or posted online
      • &nbs= p;     No similar product on the market
      • &nbs= p;     Orig= inal is lawfully acquired
      ̶= 6;       Lack= of licensing mechanism
      • &nbs= p;     Paro= dy – has different market
      • &nbs= p;     Cann= ot get permission (efforts must be documented)

Uses likely to oppose Fair Use
      • &nbs= p;     Hurts the market or POTENTIALLY hurts the market (competes in sales of the origin= al)
      • &nbs= p;     Copy= can substitute for the original
      • &nbs= p;     Nume= rous copies made
      • &nbs= p;     Work= is widely distributed or electronically made available to the world
      • &nbs= p;     Repe= ated or long-term use
      • &nbs= p;     Affo= rdable permission available
      • &nbs= p;     Reas= onable licensing available

Reme= mber all four factors apply. A neg= ative mark in one area does not mean Fair Use does not apply. On the other hand one positive mar= k in favor of Fair Use does not mean Fair Use does apply. You will discover when you fill ou= t your checklist that some items tend to weigh more heavily than others and someti= mes they negate each other. For instance, it’s a small portion but it’s the heart of the work.<= span style=3D'mso-spacerun:yes'>   And although the courts have= said that all four factors are equal, the reality is that market effect weighs m= ore heavily than any of the others.

So, = is your use Fair Use? You’= re asking the wrong question. Ra= ther you must ask “In good faith is it likely to favor fair use? By evaluating these four factors, = the best you can hope for is to demonstrate a “reasonable and good faith effort” for a favorable fair use defense. A definite “Yes” or “No” to fair use can only be determined by the courts. If you get sued and your use is found to be unfavorable to fair u= se and you cannot demon= strate a “good faith effort” in applying the four fair use factors, yo= ur fines will be the highest allowed by law ($30,000 per incident).=

Howe= ver, if you can demonstrate a “good faith effort” in applying the four fair use factors = and you get sued and your use is fo= und unfavorable your fines will be minimal ($300 maximum fine).   It may even be that you won’t be fined at all (this is only true for employees or agents of nonprofit educational institutions, libraries, or archives acting within the scope of employment). If you = as an educator can demonstrate that you made those copies in good faith believing that yours was fair use, you may not have to pay a fine at all even if the = courts decide it is NOT fair use.

One other aspect to keep in mind is that it is illegal to circumvent any technological controls protecting access to a work even if the work protect= ed by these measures qualify for fair use.

So w= hat happens when fair use does not apply? Get Permission or don’t use it.

For = more information about Fair Use see the Library of Congress Fact Sheet (FL 102) = “Fair Use” and Circular 21 “Reproduction of Copyrighted Works by Educators and Librarians”.

Ther= e is also the First Sale Doctrine from sect= ion 109a whi= ch permits the sale or disposal of a copy lawfully obtained.=

“Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of = the copyright owner, to sell or otherwise dispose of the possession of that cop= y or phonorecord.”

This= is the part of the copyright law that says if you legally obtain a copyrighted item you may sell it or give it as a gift or tear it up into little pieces,= but it does not permit the duplication of that item.

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Fair Use Checklist

=

This document is provided as a courtesy of t= he Copyright Management Center, IUPUI, 530 W. New York St., Indianapolis, IN 46202.

For further information and updates please visit http:/= /www.copyright.iupui.edu/. This document last updated March 10, 2003.

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Face-to-Face Teaching Exemption and TEACH Act=

In addition to the Fair Use exemption, of importance to those who teach in a professional capacity is the Face= -to-Face Teaching exemption (section 110 of Title 17). In summary this exemption allows for legally reproduced work (e.g., articles, small portions of books, short video clips) to be used in a classroom or similar place devoted to instruction in the course of face-to-face teaching= activities of a nonprofit educational institution and expands exemptions to educators = for digital transmission of public displays and performances. The exemption applies as long as t= here is no direct or indirect admission charge, it is a regular part of the instructional activities and it is directly related to the teaching content. This means you canno= t show a video that has nothing to do with your course or copy a cartoon onto a transparency or PowerPoint slide show or even put it in the syllabus just to entertain your students. It m= ust relate to the course content. =

The TEACH Act (§ 110(2); 112 (f)) permits a work to= be transmitted via a digital network in an amount comparable to that which is typically displayed in the course of a live classroom session. The transmission must be made at t= he direction of the instructor; it must be an integral part of a class session= , is offered as a regular part of the instructional activities and is directly related to the teaching content. The transmission must be limited to students officially enrolled in = the course. Informational materia= ls must be provided to faculty and students that accurately describe, and prom= ote compliance with, the copyright law. And each instructor must provide notice to students that materials u= sed in connection with your courses may be subject to copyright protection. There are more conditions but those relate specifically to our DEEP program.

Here’s a suggested notice that you can use for all your courses and even on any digital resources that you provide to your students: “These materials= are made available at this site for the educational purposes of students enroll= ed in [course name] at The Master’s College. The materials may be subject to U.= S. Copyright law and further reproduction or transmission may be prohibited.

For more information concerning § 110. Limitations on exclusive rights: Exemption of certain performances and displays, visit these Web pages

http://www.copyright.iupui.edu/sec110(1).htm;<= /span>

and <= /o:p>

http://www.copyright.iupui.edu/sec110(2).htm;<= /span>

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Copyright and the Web<= span style=3D'font-size:10.0pt;font-family:"Verdana","sans-serif";mso-fareast-fo= nt-family: "Times New Roman";mso-bidi-font-family:"Times New Roman"'>

So what about the Web? When it c= omes to using intellectual property from the Internet you will need to concern yourself with copyright and trademark law but you don̵= 7;t need to worry about patent or trade secret laws.

The law is way behind technology. The fair use doctrine is intended to be flexible enough to accommodate a variet= y of situations and unforeseen scenarios. = But to date, none of the existing case law related to the Internet t= ells us much about fair use or educational purposes. We must therefore apply what we do= know and attempt to make the best judgment.&nbs= p; To that end we should treat the Internet no differently than any oth= er tangible form of expression even if there is no copyright notice in sight a= nd the author cannot be identified.

Here are some suggested applications of the four factors that would likely favor Fair Use. These have not been tried in court but could serve as a demonstra= tion of your “good faith effort” if it comes to that.

· &nb= sp;     Purpose: Limiting access to your students or fellow classmates only or by password can demonstrate educational purpose.

· &nb= sp;     Nature: Use nonfiction, scientific over fiction or motion pictures.

· &nb= sp;     Amount: The shorter the better; use only what is appropriate for the educational purpose.

· &nb= sp;     Market effect: Reduce it by limiting access to the system, limit to one semester, use only news or academic works, use materials not easily availab= le for purchase.

· &nb= sp;     Place a notice: “These materials are made available at this site for = the educational purposes of students enrolled in my class at The Master’s College. The materials are su= bject to U.S. Copyright Law and are not for further reproduction or transmission.”

·       Ask your students= and fellow classmates to respect the law or risk losing the opportunities for creative teaching in the future.

There are two new laws that affect copyright, the Internet and education. These are the

Digital Millennium Copyright Act (DMCA) and the TEACH Act. The TEACH Act has been incorporated into the copyright law as a revision of Section 110(2). V= isit Copyright and Distance Education at the Copyright Management Center of IUPUI for information about the TEACH= ACT and Stanford’s Copyright & Fair Use site for information on the DMCA.

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Work= for Hire

An employee who creates a work within the scope of his or her employment produ= ces a “work for hire”. The copyright of a work for hire is owned by the employer. However, this is not automatic. A “work for hire” must be written into the contract. This is an important issue for fac= ulty to consider. The contract wit= h your institution may supersede your copyrights as regards your research and writing. If this has not been= put into writing, perhaps it is something that ought to be addressed to protect both parties.

For = more information about “work for hire” see the Library of Congress Copyright Circ= ular 9 “Works Made for Hire unde= r the 1976 Copyright Act”.

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International Copyright

What about copyright outside of the United States?= There is no “International Copyright” per se; however, t= he Berne Convention and the General Agreement on Tariffs and Trade treaty (GATT treaty) allow authors to enforce their copyrights in signatory countries wh= ich include most industrialized nations. Some foreign countries still require the phrase “All Rights Reserved” but it is not necessary in the US or signatories of the Berne Convention.

Circ= ular 38a from the Library of Congress Copyright Office will provide more information on International Copyright Relations of the Un= ited States as will the International Copyright Fact Sheet and World Intellectual Property Organization Diplomatic Conference (WIPO) Geneva.

For additional help in your understanding of Copyright terms a= nd conditions for works published and unpublished outside of the United States see the Public Domain Chart published by Cornell Copyright Information Center.

International Treaties & Conventions

·=        Berne Convention for the Protection of Literary and Artistic Works

·=        Coll= ection of Laws for the Electronic Access of Works From the World Intellectual Proper= ty Organization, electronic archive of international intellectual property legislation.

·=        Convention for the Protectio= n of Producers of Phonograms (1971)

·=        International Convention for= the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

·=        GATT 1994 (including the Agreement on Trade-Related Aspects of Intellectual Property)

·=        World Intellectual Property Organization Copyright Treaty (1996)

·=        World Intellectual Property Organization Performances and Phonograms Treaty (1996= )

·=        World Intellectual Property Organization Basic Proposal for Substantive Provisions of the Treaty on Intellectual Property in Respect to Databases and H.R. 3531 (Information and Antipiracy Act)

·=        Univ= ersal Copyright Convention

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Investigating Copyright Stat= us<= /o:p>

Here = are some helpful guides to investigating the copyright and renewal status = of published or unpublished works.

Samuel Demas and Jennie L. Brogdon, "Determining Copyright Status for Preservation and Access: Defining Reasonable Effort," Library Resou= rces and Technical Services 41:4 (October, 1997): 323-334.

How to investigate the copyright status of a work. Circular 22 from the Library of Congress Copyright Office whi= ch provides general information on what is and is not protected by copyright, = how to search for copyright records and updates on legal aspects of copyright issues.

The Online Books Page FAQ, especially "How C= an I Tell Whether a Book Can Go Online?How C= an I Tell Whether a Copyright Was Renewed?Copyright Term and the Public Domain in the Unit= ed States is a chart indicating when a work will go into = the public domain whether published or unpublished in the U.S. or outside the U.S.

Copy= right Registration for Online Resources This circ= ular also from the Library of Congress and gives information about copyright registration of online works made available over a communications network s= uch as the Internet.

Copy= right Research fro= m Stanford University give instructions for f= inding information about ownership and copyright validity

Copyright Clearance Center can verify the copyright st= atus of a work for you because they manage the rights relating to over 1.75 mill= ion works and represents more than 9,600 publishers and hundreds of thousands of authors and other creators, directly or through their representatives.=

Harry Ransom Center contains the freely-accessi= ble WATCH File (Writers, Artists and their Copyright Holders), “a databas= e of copyright contacts for writers, artists, and prominent figures in other creative fields. WATCH is run jointly by the Harry Ransom Center and University of Readi= ng Library.”

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Getting Permission

Permission to use copyrighted material m<= span style=3D'font-size:8.0pt;font-family:"Verdana","sans-serif";mso-fareast-fon= t-family: Batang;mso-bidi-font-family:"Times New Roman"'>ust be obtained when = fair= use, face= -to face teaching or = one of the other exemptions do = not apply. The only other legal o= ption is to not use the material. W= hen permission is needed make sure you are getting permission from the person w= ho has the authority to give it. Permission must be obtained from the actual copyright holder. This is not necessarily the author= ; it is generally the publisher. C= all or e-mail the person, publisher and or Webmaster to confirm copyright ownership. In instances where= there are multiple copyright owners it may be necessary to obtain permission from= all of them. Be sure you investig= ate this possibility.

It is also important to communicate with the copyright owner(s) the exact type of right you need. You don’= ;t want to pay for more than is necessary but at the same time you don’t want to have to go back and get additional permissions. Clearly state your need and the us= e you will be making of all the parts of the work you will be using. Don’t be afraid to negotiate= the fees.

Even though permission is frequently given, there is no once for all permission = and so for course packs, syllabi, reserves and the like permissions may need to= be obtained for every semester the work is used. Although royalties vary dramatical= ly they are usually affordable. Never-the-less this is an important consideration as they may be assessed every time permission is granted.= Another consideration is that these fees may be passed on to the students receiving the documents.

When requesting permission, be sure to get it in writing and keep it on file. If you are uploading the material = to a Web site and you have made a good faith effort to get permission but are un= able to locate the owner, make a disclaimer to the effect that you will remove t= he material at the copyright owner’s request (see DMCA) Digi= tal Millennium Copyright Act (DMCA)

For more information about getting permission pe= ruse the Stanford University Libraries Copyright & Fair Use Web site: Permission: What is it? Why do I need it?= .<= /span>

For detailed information on getting permission f= or print, images/photos, music, audiovisuals and movies see Pu= blic Performance Licensing Agencies or visit Getting Permission: Where and How at Washington State University

You could also use the Copy= right Permission Request Generator from Towson University to generate a format that you can then cut and paste to a blank document for printing on departmental letterh= ead.

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How to find copyright owners=

Often you can locate the copyright owner from the copyright notice on the work. However, because copyright ownersh= ip sometimes passes through several hands since the work was first published a more detailed research may be required. In addition, some works (especially= in the fine arts like film and music), can involve multiple owners --each with= a separate right to different underlying works. Also different industries will req= uire different methods for identifying copyright ownership.

For = more details about finding copyright owners and getting the right kind of permis= sion for your need visit Stan= ford’s Copyrights & Fair Use Web site. The following Web sites can help you identify copyright owners and obtain permission to use their works.

Copyright Crash Course Permissions http://www.utsystem.edu/ogc/intellectualproperty= /permissn.htm

Great site that lists all the major rights organizations for requesting permission.

WATCH http://tyler.hrc.utexas.edu/= .

Writers, Artists and Their Copyright Holders at the Harry <= st1:PlaceName w:st=3D"on">Ransom Humanities Research Center – Univ. Texas Austin is a searchable database containing primarily the names and addresses of copyright holders or contact persons for authors and artists whose archives are housed, in whole or in part, in libraries and archives in North America and the United Kingdom.

Public Moving Image Archives= and Research = Centers - http://lcweb.loc.gov/film/fi= lmofr.html

Copyright Clearance Center - http://www.copyright.com/

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Some Myths About Copyright

“Plagiarism is a viola= tion of copyright law”. Plag= iarism is not a legal issue it’s an ethical one. A scholar can be discredited; a st= udent can be expelled; someone might loose a job, but plagiarizing is not illegal. However, plagiarism = could become a copyright issue, if a sufficient portion of material is taken.

“As long as I cite the source, it’s OK to use copyrighted material”. Giving credit to the author does n= ot exonerate you from complying with copyright. Denying credit will weigh against = you, though. This is especially tr= ue with electronic resources; be sure to always include the copyright statemen= t of the work being used.

“There’s no copyright statement, so it’s OK to copy it”. A notice serves to strengthen the protection but it is no longer a requirement. It is best to assume a work is copyrighted until proven otherwise. See also the Register of Copyright Office Repo= rt on Orphan Works

“If I don’t char= ge for the copies, I’m not violating copyright law”. Giving away copies of any copyrigh= ted work, without charging is a violation of the law even if the work has no commercial value unless one of the exemptions applies (like Fair Use or Face-to-Face Teaching.

Copyright law is mostly civil law and so you could get sued, but you won’t be charged with a crime. The rights accorded to criminal offenders therefore, do not apply. However, it is now a felony to vio= late commercial copyright when more than 10 copies and a value of over $2,500 are involved.

“If it’s on the Internet, I can download without worrying about copyright”. Because information is stored some= where on an Internet server, it is fixed in a tangible medium and qualifies for c= opyright protection (except of course government documents, public domain, works dedicated to public domain). = Being on the Internet does not make it public domain. Just because you can easily downlo= ad or print does not mean you may:

On the one hand, it is a reasonable assumption that when a copyright owner uploads a work there is an implied license to download it for personal use (although this has yet to be tried in court).

On the other hand, only the legitimate owner can upload the work and Internet users have no way of know= ing who put it there in the first place.

On the other hand, someone w= ho innocently downloads an illegally uploaded work, only for personal purposes= of course, has done nothing wrong.

On the other hand, the courts have determined that a person who wrongfully uploads a work can be held lia= ble for copyright infringement.

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Sample Permission Letter I

The request should be sent, together with a self-addressed, stamped return envelope, to the permissions department of the publisher in question.<= /o:p>

Permissions Department

[Publisher]

[Address]

Dear Permissions Editor:

I am requesting permission to copy the following for continued use in my clas= ses in the all semester of 2002 for [course name and number]:=

Title:

Copyright:

Author:

Material to be duplicated: [chapters, page numbers; volume; issue number]=

Number of copies:

Distribution: The material will be distributed to students in my classes and they will pay only the cost of the photocopying.

Type of reprint: [photocopy, computer disc, electronic reserve, html, pdf]<= /o:p>

Use: The chapters/pages will be used as supplementary teaching materials.

If you do not solely control copyright in the requested materials, I would appreciate any information you can provide about others to whom I should wr= ite, including most recent addresses if available.

I have enclosed a self-addressed, stamped envelope for your convenience in replying to this request.

Sincerely,

[Signature]

[Address]

[date]

Please ini= tial any statement that applies:

I hereby represent that I have the authority to grant the permission request= ed herein.

I am the = sole owner/author of the work.

Company Signature

_______________________

Name of authorized signatory

_______________________

Title

_______________________

Company

_____________________

Date

Sample Permission Letter II

Material Permissions Department

Hypothetical Book Company

100 Main Street

Chicago IL 60601

To Whom It May Concern:

I am requesting permission to copy the following for continued use in my clas= ses in the all semester of 2002 for [course name and number]:=

Title:

Copyright:

Author:

Material to be duplicated: [chapters, page numbers; volume; issue number]=

Number of copies:

Distribution: The material will be distributed to students in my classes and they will pay only the cost of the photocopying.

Type of reprint: [photocopy, computer disc, electronic reserve, html, pdf]<= /o:p>

Use: The chapters/pages will be used as supplementary teaching materials.

I have enclosed a self-addressed, stamped envelope for your convenience in replying to this request.

Sincerely,

Faculty Member

Sample Permission Letter III

Material Permissions Department

Hypothetical Book Company

100 Main Street

Chicago IL 60601

To Whom it May Concern:

I am writing to obtain permission to use the following material:

Nature of materials: ________________________________________________________ [describe]

Publisher: ______________________________________________ Date of publication: ____________

Author(s): ___________________________________________________________________________=

Page numbers or other description of material: ______________________________________________

(Check if applicable)

¨     A photocopy of the materials in enclosed.

I wish to use this material in the following work:

Author(s): ___________________________________________________________________________=

Title: ___________________________________________________________________________= ____

Publisher: ________________________________ Proposed date of publication: ___________________

I am requesting nonexclusive rights to use this material as part of my work a= nd in all future editions and revisions thereof, however they may be exploited= , in any language or medium now known or hereafter discovered, including, but not limited to: print, microfilm and electronic media.

Unless you specify otherwise, the material will be accompanied on publication by t= he following credit line and copyright notice: __________________________________________ [specify credit line and copyrig= ht notice]

Other conditions, if any: __________________________________________________________________

If you do not control the world rights to the request material, please specify here any additional source from whom permission must be obtained: _______________________________________________________

Thank you for your prompt consideration of this request. For your convenience, a release fo= rm is provided below and a signed copy of this letter is enclosed for your files.=

Very truly yours,

__________________________________________

[Your signature]

Permission is granted for the use requested above.

_________________________________________

[Signature]

_________________________________________

[Specify name and title, if any]

_________________

[Date]

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Current Legislati= on & Case Law

US Constitution

U.S. Constitution

Article I Section 8 | Clause 8 - Patent and Copyright Clause of the Constitution.

[The Congress shall have power] "To promote the progress of science and use= ful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"

First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of spe= ech, or of the press; or the right of the people peaceably to assemble, and= to petition the government for a redress of grievances.

US Code

U.S. Codes & Statutes

U.S. Copyrig= ht Act from the US Copyright Office

Amendments to Title 17 since 1976 from the US Copyright Office

U.S. Copyrig= ht Act from Cornell, full text searchable.

Amendments to US Law from Uruguay Round Agreements Act (URAA) implementing the General Agreement on Tariffs and Trade (GATT). <= /li>
Recent Fair Use Legislation - Bill Texts, Summaries and Testimony

National Information Infrastructure (NII) Legislation =

Current Legislative News and Updates

Thomas Legislative Service Bills and O= ther Legislative Information (including the Congressional Record).

Digital Millennium Copyright Act (DMCA)

Technology, Education, and Copyright Harmonization Act (TEACH Act) =

Uniform Computer Information Transactions Act (UCITA) =

US Copyright Office Current Legislation Section - Copyright-related legislati= on pending or recently passed in Congress. This is the best place on the Internet to get a list of the current bills before Congress. Includes information from the 105th (1997-98) to the 108th Congress (2003-2004)= .

Benefit Authors without Limiting Advancement or Net Consumer Expectations Act ("BALANCE Act"): Re-introduced legislation fr= om Rep. Zoe Lofgren (D-CA) that will allow consumers to make copies of pu= rchased digital media for use in their car, computer or mobile device. The bill also affirms the application of the fair use privilege to digital works and transmissions.

Bill Summary

US Regulations

Copyright Regulations codified in the Code of Federal Regulations (CFR) from the US Copyright Office as of July 1, 2002

Copyright Regulations from the US Government Printing Office as of July 1, 2002

Code of Fede= ral Regulations from the US Government Printing Office

Federal Regi= ster - US Copyright Office announcements, rules, proposed rules, and other = notices from the US Copyright Office Web Site

The Federal Register 1994- present. The Federal Register is the official daily publication = for rules, proposed rules, and notices of Federal agencies and organizatio= ns, as well as executive orders and other presidential documents.

Federal Register rule from 9/29/95 relating to "Restoration of Certain Be= rne and WTO Works"

Case Law

Princeton University Press v. Michigan Document Services, INC., No. 94-1778 6th Cir. 1996 decision vacated Princeton University Press v. Michigan Document Services, INC., No. 94-1778 6th Cir. 1996

Additional Documents, Course packs and Information =

American Geophysical Union v. Texaco, Inc., 60 F.3d 913 (2d Cir. 1995) <= /a><= /span>

Summary of Texaco Decision (September 1992)

Original brief filed by Texaco, Inc (March 1993) =

Amicus curiae brief filed by ARL et al (March 1993) =

Amicus brief filed by American Library Association (March 1993) <= span style=3D'font-size:8.0pt;font-family:"Verdana","sans-serif";mso-farea= st-font-family: "Times New Roman";mso-bidi-font-family:"Times New Roman"'>=

Brief filed by the Association of American Publishers (April 1993) <= /a>=

Reply brief filed by Texaco (May 1993)

Statement of support for petition for rehearing (December 1994) =

Library & Academic Communities Support Rehearing (ARL 178) =

Settlement of Texaco Case - May 1995

Texaco, Publishers Agree to Settle Copyright Case (ARL 180) =

Kelly v. Arriba Soft Corp. (9th Cir. 2003)

Basic Books, Inc. v. Kinko's Graphics Corp., 758 F.Supp. 1522 (S.D.N.Y. 1991= ) <= /span>

Campbell v. Acuff-Rose, 510 U.S. 569, 114 S.Ct. 1164 (1994)

Community for Creative Non-Violence v. Reid, 490 U.S. 730, 109 S.Ct. 2166 (1989)

Datastar Cor= p. v. Twentieth Century Fox Film Corp., USSC No. 02-428, June 6, 2003.

Eldred v. Ashcroft, 239 F.3d 372 (2003).

Encyclopedia Britannica Educ. Corp. v. Crooks, 558 F. Supp. 1247 (W.D.N.Y. 1983) <= /span>

Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 111 S.Ct. 1282 (1991)

Fogerty v. Fantasy, Inc., 510 U.S. 517, 114 S.Ct. 1023 (1994)

Gulf Oil Corp. v. Copp Paving Co., 419 U.S. 186, 95 S.Ct. 392 (= 1974)

Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 105 S.Ct. 2218 (1985)

International Bhd. of Elec. Workers v. NLRB, 814 F.2d 697 (D.C. Cir. 1987) <= /span>

Los Angeles News Service v. Tullo, 973 F.2d 791 (9th Cir. 1992) <= /span>

MacMillan Co. v. King, 223 F. 862 (D. Mass. 1914)

Marcus v. Rowley, 695 F.2d 1171 (9th Cir. 1983) <= /span>

National Rifle Ass'n of America v. Handgun Control Fed'n, 15 F.3d 559 (6th Cir.= ), cert. denied, 115 S.Ct. 71 (1994)

New York Tim= es Co., Inc. v. Tasini, 531 U.S. 483 (2001).

Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 104 S.Ct. 774 (1984)

Stewart v. Abend, 495 U.S. 207, 110 S.Ct. 1750 (1990)

Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 95 S.Ct. 2040 = (1975)

West Virginia Univ. Hosps., Inc. v. Casey, 499 U.S. 83, 111 S.Ct. 1138 = (1991)

Williams & Wilkins Co. v. United States, 487 F.2d 1345, aff'd by an equally divided court, 420 U.S. 376, 95 S.Ct. 1344 (1975) <= /span>

Selected Historic Copyright Decisions at Cornell Law School <= /span>

Sony Computer Entertainment America, Inc.,= vs. BLEEM LLC, Case number 99-17137 (9th Circuit 2000)

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Resources on Intellectual Property Law

Copyright Law Web Sites

US Copyright Offi= ce: http://www.copyright.gov/

Library of Congre= ss (LOC) Circulars and Form Letters: http://lcweb.loc.= gov/copyright/circs/

LOC Copyright and Licensing Resources - http://lcweb.loc.= gov/film/copyrite.html

Public Moving Image Archives and Research Centers - http://lcweb.loc.= gov/film/arch.html

Copyright Registration for Online Works - http://www.copyri= ght.gov/circs/circ66.pdf

This circular giv= es instructions on registering web pages and other online works.

Digital Millennium Copyright Act (DMCA) - http://www.copyri= ght.gov/legislation/hr2281.pdf

DMCA Summary - http://www.loc.gov/copyright/legislation/dmca.pdf

The full text of the Digital Millennium Copyright Act: http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:<= span style=3D'font-size:8.0pt;font-family:"Verdana","sans-serif";mso-fareast-fon= t-family: "Times New Roman";mso-bidi-font-family:"Times New Roman"'>

TEACH Act: http://www.copyright.gov/legislation/pl107-273.html#13301=

TEACH Act Comparison Chart by Lolly Gassaway - http://www.unc.ed= u/~unclng/TEACH.htm

Orphan Works -- <= /span>http://www.copyri= ght.gov/orphan/

=

Web Sites and Articles

Creative Commons - http://creativecommons.org/<= /a>

The goal of Creat= ive Commons is to build a layer of reasonable, flexible copyright in the face of increasingly restrictive default rules.&nb= sp; It uses private rights to create public goods by protecting the work= s of the creator while encouraging certain uses of them. Creators voluntarily declare "= ;some rights reserved."

Copyright Clearinghouse - http://www.copyright.com/

Campus Guide to Copyright Compliance - http://www.copyrightoncampus.com/ -- basic information about copyrig= ht on campus as well as more complex issues like interlibrary loan and e-reserves.

Legal Information Institute - http://www.law.cornell.edu/<= /a>

LibraryLaw.com - http://www.librarylaw.com/

Copyright and Libraries -- http://www.librarylaw.com/Copyright_and_Li= braries.html

Nolo: Law for All - http://www.nolo.com/lawcenter/ency

Peter B. Hirtle, = Copyright Term and the Public Domain in the United States - Among other things find copyright status of a work and even international concerns

The Copyright Law= and Litigation Resources -- http://www.kasunic.com/. Find articles, court cases, educat= ion information, journals, legislation, and more by Robert J. Kasunic, Principal Le= gal Advisor, Office of the General Counsel, U.S. Copyright Office, Library of Congress

Librarians Index = to the Internet: Copyright, Intellectual Property Rights, and Licensing Issues= -- http://sunsite.be= rkeley.edu/Copyright/

Publisher Copyrig= ht Policies -http://www.sherpa.ac.uk/romeo.php - Summaries of publishers = default policies.

Books on Copyright Law

101 Questions Abo= ut Copyright Law / Andrew Alpern. Mineola (NY): Dover Publications, 1999. [R/346.7304/AL74o/1999]

Copyright Essenti= als for Librarians and Educators / Kenneth D. Crews. Chicago: American Library Association, 2000. [R/346.7304/C867c/2000]

Copyright law on campus / Marc Lindsey. Pullman, Wash : Washington State University Press, c2003. [346.730482 L645c, 2003]

Getting Permission: How to License &a= mp; Clear Copyrighted Materials Online & Off / Richard Stim. Berkeley: Nolo, 2001. [R/346.7304/St54g= /2001]

Libraries and Copyright: A Guide to Copyright Law in the 1990’s / Laura N. Gasaw= ay and Sarah K. Wiant. Washington= , D.C.: Special Libraries Association, 1994. [R/346.0482/G21L/1994]

Multimedia Law and Business Handbook / J. Dianne Brinson and Mark F. Radcliffe. Menlo Park (CA): Ladera Press, 1996. [R/346.0482/B772m/1996]

Patent, Copyright & Trademark / Stephen Elias. Berkeley: Nolo Press, 1997. [R/346.0482/EL42p/1997]

The public domain= : how to find copyright-free writings, music, art & more / Fishman, Steph= en. Berkeley, CA : Nolo.com, 2001. [346.7304 F539p]=

Questions and Ans= wers on Copyright for the Campus Community / Association of American Publishe= rs, National Association of College Stores, Inc. (U.S.) and Software & Information Industry Association. [6^th ed] Washington, DC : Association of American Publishers = ; Oberlin, OH : Nat= ional Association of College Stores ; Washington, DC : Software & Informa= tion Industry Association, c.2003. [346.0482 Q38a]

Technology and Co= pyright Law: a Guidebook for the Library, Research, and Teaching Professions= / Arlene Bielefi= eld and Lawrence Cheeseman. New York: Neal-Schuman Publishers, 1999. [R/346.7304/B476t/1999]

The Copyright Handbook: How to Protect and = Use Written Works / Stephen Fishman. 5^{th
ed. Berkeley:
Nolo, 2000. [R/346.7304/F539c/2000]}

The Copyright Pri= mer for Librarians and Educators / Janis H. Bruwelheide. 2^nd ed. Chicago: American Library Association; = Washington, D.C.: National Education Association, 1995. [R/346.0482/B839c/1995]

Online Copyright Tutorials

NCSU Copyright Tutorial: http://www.lib.ncsu.edu/scc/tutorial/main.html

Crash Course in Copyright: http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm=

Copyright Primer:= http://www.umuc.edu/cgi-bin/cgiwrap/primer/primerwrap.cgi/enter.php<= /span>

Copyright: Finding the balance: S:\Common\Staff_Public\Library\Copyright\Finding the Balance

Copyright Quickgu= ide: http://copyright.iupui.edu/quickguide.htm

CopyOwn-Tutorial:= http://www.inform= .umd.edu/copyown/tutorial/

Fair Use Harbor in Copyright Bay - http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm

A game for teache= rs

Additional Copyri= ght Resources

What Every Teacher Should Know about copyright: http://www.2learn= .ca/copyright/locate

UCLA Policy 964: Online Copyright Infringement Liability Limitation

Copyright Cleara= nce Center: http://www.copyright.com/

Copyright Manage= ment Center: http://copyright.iupui.edu/<= /a>

Stanford Universi= ty Libraries Copyright and Fair Use: http://fairuse.stanford.edu/=

UCLA Cyberspace:<= span style=3D'mso-spacerun:yes'> http://www.gseis.= ucla.edu/iclp/dmca1.htm

CETUS: Fair Use of Copyrighted Works: <= span style=3D'font-size:8.0pt;mso-bidi-font-size:11.0pt;font-family:"Verdana","s= ans-serif"; mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:"Times New R= oman"'>http://www.cetus.org/fairindex.html

New Copyright Law= for Distance Education: http://www.ala.org/washoff/teach.html

TEACH Act Toolkit= : http://www.lib.ncsu.edu/scc/legislative/teachkit/resources.html

The TEACH Act fin= ally becomes law: http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm=

WATCH: Writers, Authors and Their Copyright Holders: http://tyler.hrc.= utexas.edu/

An Intellectual Property Primer: Protecting your investment with Copyright, Patent, Tr= ade Secret and Trademark: http://copyright.iupui.edu/IPPrimer.pdf

Copyright Law and Graduate Research: http://www.umi.com/products_umi/dissertations/copyright/<= span style=3D'font-size:8.0pt;font-family:"Verdana","sans-serif";mso-fareast-fon= t-family: "Times New Roman";mso-bidi-font-family:"Times New Roman"'>

Multimedia & = Technology

Intellectual Prop= erty & Technology Forum: http://www.bc.edu= /bc_org/avp/law/st_org/iptf/

An Intellectual Property Law Primer for Multimedia and Web Developers: http://www.eff.or= g/CAF/law/multimedia-handbook

Legal Information= for Internet Professionals: http://www.gigalaw.com/

Multimedia Law and Business Handbook / J. Dianne Brinson and Mark F. Radcliffe. Menlo Park (CA): Ladera Press, 1996. [R/346.0482/B772m/1996]

Trademark Law

United States Patent and Trademark Office: http://www.uspto.gov/web/offices/tac/tmlaw2.html

Trademark Law Overview, Legal Information Institute: http://www.law.co= rnell.edu/topics/trademark.html

BitLaw - A Resource on Technology Law: http://www.bitlaw.com/trademark/index.html

Primer on Trademark and Internet Addresses: http://www.loundy= .com/JMLS-Trademark.html

Overview of Trademark Law: http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm<= /a>

International Trademark Law

International Trademark Association: http://www.inta.org/

International Trademark Law Treaty: http://www.wipo.org/treaties/ip/tlt/index.html

Nairobi Treaty on the Protection of= the Olympic Symbol: http://www.wipo.org/treaties/ip/nairobi/index.html

Patent Law

U.S. Patent Law= , U.S. Patent and Trademark Office: http://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf

U.S. Patent Rules, U.S. Patent and Trademark Office: <= span style=3D'font-size:8.0pt;mso-bidi-font-size:11.0pt;font-family:"Verdana","s= ans-serif"; mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:"Times New R= oman"'>http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf

U.S. Supreme Court Patent Decisions, Legal Information Institute: http://supct.law.cornell.edu/supct/cases/patent.htm

Overview of Patent Law, Legal Information Institute: http://www.law.co= rnell.edu/topics/patent.html

BitLaw - A Resource on Technology Law: http://www.bitlaw.com/patent

Patent Law at MIT: http://www.mit.edu:8001/courses/6.901/patent.html

International Pat= ent Law

Patent Law Treaty: http://www.wipo.int/treaties/ip/plt/index.html

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The information presented here is not legal advice. Individuals and organizatio= ns should consult their own attorneys.

© Janet Tillman/The Master’s College, 2004 - 2008, permission is granted for non-profit educational use; any reproductio= n or modification should include this statement.