Copyright Conundrum: What Can and Can’t Be Used When It Comes to Copyright Laws
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Progressive
18March20
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By Shaina Lucas, PPS Editor
You sit down to write an article or a blog post, and like many writers and editors, you face a common problem. Can I use this image in my post? Am I allowed to use this excerpt without the author’s permission? Is it legal for me to access this content for free? If you’ve had any of these thoughts, you’re not alone. Copyright laws can be confusing, and many have a plethora of gray areas.
In 1976, the United States
Copyright Act further identified and refined the original Constitutional law
but added a few more headaches. The 1976 United States Copyright Act illustrated
the basic rights of copyright holders, included the doctrine of fair use, and
changed copyright expiration dates. According to Carolyn Rude and Angela Eaton,
co-authors of Technical Editing, in the United States “copyright extends
70 years beyond the copyright owner’s death. Works written for hire are
protected 95 years beyond publication or 120 years from creation, whichever is
shorter. When the copyright expires, works are in the public domain and may be
reproduced and distributed by others.” Works written for hire also includes
anonymous and pseudonymous work.
Fair Use and Permissions
When work is protected by copyright, anyone wanting to use
it must obtain permission. Typically, a writer should request permission from
the copyright holder, but editors also verify that permission was obtained
before the work is published if the writer did not do so. If permission is
denied, then the work cannot be used. Fair use is an exception to this rule.
Fair use is detailed in Title 17 of the United States Code,
section 107. Fair use allows the copying of some material for educational
or noncommercial purposes.[1]
One of the most famous cases of fair use is Authors Guild v. Google. According
to the Huffington Post’s article,
Google was using its Google Books program to store full digitized books in its
database, whether it was protected by copyright or not. Full text of the
digitized books were not available to the public from Google’s free searchable
library unless it was public domain, but Google was still storing the full text
of copyrighted material in their database. The court ruled in favor of Google,
stating that Google was not violating copyright laws under fair use.
Examples of Fair Use
Thanks to Google, there is debate on updating the 1976
Copyright Act. Many are confused as to what they can and cannot use without
permission. Sites like Creative Commons
and Flickr allow people to access free
images that anyone can use and are not protected by copyright laws. For books, Project Gutenberg specializes in creating
ebook works that are public domain like Shakespeare classics, Dracula,
and The Adventures of Tom Sawyer. Many images and text on the internet
today include watermarks to prevent theft of intellectual work.
Some examples of fair use other
than websites are scenarios where a document may need to be copied. Say you
need to read a journal entry for a college class, but only the professor has
access to the journal. The professor may photocopy that journal entry for the
class, but the professor cannot photocopy the entire book since that would
deprive the publisher of revenue for its intellectual property. If unsure,
always use a citation and contact the copyright holder. Many have different
stipulations as to how their work can be used. Some copyright holders require
payment while others require only a reference, caption, or citation.
For more detailed information on
copyright laws, please visit www.copyright.gov.
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