This web page is designed as a basic introduction to copyright and fair use information for academic institutions. AECOM-affiliated individuals should direct specific questions on the use of copyrighted material to Yeshiva University's General Counsel office at (212) 790-0280; for questions regarding D. Samuel Gottesman Library-licensed electronic resources (e-journals, e-books, databases), please e-mail: askref@aecom.yu.edu.
Yeshiva University's Copyright Policy Statement
Yeshiva University’s Copyright Guidelines for ANGEL Course Web Pages
Copyright Law of the United States - Title 17 of U.S. Code
Produced by the U.S. Copyright Office, this site contains the text of the U.S. Copyright Law, including recent amendments. Chapters can be viewed either in html or Adobe .pdf format.
Index and Search Engine - Title 17 of U.S. Code
This search engine, created by Cornell University's Legal Information Institute, provides a keyword search across the 13 chapters of the Copyright Law.
The Digital Millennium Copyright Act of 1998 (Adobe .pdf file)
Compiled by the U.S. Copyright Office, this document provides an 18-page summary of the Digital Millennium Copyright Act (DMCA). The DMCA implements two treaty obligations signed by the U.S. at the World Intellectual Property Organization (WIPO) conference and contains copyright-related provisions. Among other provisions, the Act outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software; limits Internet service providers (ISP) or institutions of higher education from copyright infringement liability when they are used to transmit information over the Internet; and bans the circumvention of anti-piracy measures built into most commercial software.
Fair Use
The Four Factors of Fair Use
This page from the U.S. Copyright Office provides examples of “fair use.” To balance the rights of an author or owner of copyrighted material and the rights of users using that work, copyright law states that four factors generally must be considered in determining whether the reproduction of an item constitutes fair use:
Final Report of the Conference on Fair Use (CONFU)
CONFU's purpose was to facilitate informal discussions on the fair use of copyrighted materials in educational and library environments. This 189-page report from 1998 includes proposals and reports from many of the participating organizations.
Copyright Management Center's Fair Use Issues
This site, a compilation of links related to fair use, is a good starting point on the subject. Written by Indiana University/Purdue University's Copyright Management Center, its "Fair Use Checklist" is particularly helpful in deciding whether a project constitutes fair use or not. The web site also has a "Copyright Quickguide" that gives a useful, brief summary of copyright rules. While some URLs on the site contain Indiana University/Purdue University-specific material, most are relevant to any academic setting.
Reproduction of Copyrighted Works by Educators and Librarians (Adobe .pdf file)
This 24-page flyer, produced by the U.S. Copyright Office, discusses the most pertinent laws and documents that deal with the reproduction of copyrighted material by educators. Much of the information is from the Copyright Act of 1976, U.S. House and Senate debates over the Copyright Act, and House and Senate Reports concerning the copyright law. Topics include fair use, interlibrary loan, and liability for infringement.
Interlibrary Loan
CONTU Guidelines on Photocopying Under Interlibrary Loan Arrangements
This site, by the Coalition for Networked Information, lays out the guidelines concerning the permissible amount of photocopying in interlibrary loan arrangements according to copyright law. Its source is the final report (1978) of the National Commission on New Technological Uses of Copyrighted Works (CONTU). While permitting a small portion of the copyrighted work for "private study, scholarship, or research," the law prohibits systematic photocopying of copyrighted materials. According to the CONTU guidelines, within one calendar year a library interlibrary loan office may request no more than five copies of a single article or articles from the same periodical published within the previous five years. Any amount exceeding this is subject to royalty fees.
Web-Based and Distance Education
The Technology, Education and Copyright Harmonization (TEACH) Act
In 2002 the "TEACH Act," fully revising the section of copyright law dealing with uses of copyrighted materials in distance education, became law. This is a detailed statute, with specific requirements and conditions outlining the terms on which educators may clip pieces of text, images, sound, and other works and include them in distance education (including materials posted on web sites). Notably, the TEACH Act redefined the term "digital classroom" to include web-based and asynchronous instruction, rather than just closed-circuit television instruction, as the previous law did.
Distance Education and the TEACH Act
This ALA site provides an in-depth discussion of the law’s provisions, the responsibilities of various academic personnel, the context of the law in terms of distance education, and links to related material, such as a useful FAQ list.
This interactive site from the University of Texas includes a Copyright Tutorial that is designed to teach copyright basics to faculty.
Copyright Clearance Center
The Copyright Clearance Center is an organization whose mission is to simplify the process of obtaining permission to use copyrighted material. Their site contains a useful Campus Guide to Copyright Compliance that helps answer questions on such topics as ILL and e-reserves.
Stanford University Libraries' Copyright and Fair Use Center
A vast web site assembled by Stanford University Libraries includes categories such as Primary Materials, Copyright & Fair Use Overview, and Current Issues & Legislation). Aside from web site sources, other resources listed here include mailing lists and U.S. agencies. With a slight legal bent, Stanford University's site might be best approached by those who are already familiar with the subject.
A nonprofit organization that provides free tools for authors, scientists, artists, and educators to easily mark their creative work with the freedoms they want it to carry: to release it to the public domain or retain copyright while licensing their works as free for certain uses, on certain conditions. The site also contains search engines for various types of Creative Commons-licensed content, including images, sound files, etc.
D. Samuel Gottesman Library
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