Common Copyright Myths

There are many misconceptions about copyright. The most common one is that an academic purpose, no matter what is used or how it is used, is deemed a fair use. Not true! No use of copyrighted work is automatically fair, and the academic use is no exception. The statements below are false--read the italicized comments to better understand copyright:

• There's no symbol, it's okay to use it.
  • The copyright symbol has not been required since 1989. Absence is not a good indicator. If it is original, and fixed, someone owns it, regardless of whether or not the symbol is present.
• It's old; I can't find the owner, it's okay.
  • Check the age on the Public Domain chart. The owner exists, even if hard to locate. Use copyright clearance organizations to locate copyright holder.
• Educational use means I always have fair use for anything I need to use.
  • Commercial use can be fair, academic use can be not fair. Always apply the Fair Use test.
• It's on the web, so it's public domain.
  • Public domain is not open public access or open web. It's about copyright terms of protection, and expiration dates. Use the <<a href="/ksl/XXX/pdomainchart.pdf">Public Domain chart.
• It was never published, it's okay to use it.
  • It is original, and fixed, even if unpublished. Someone owns it. Ask. Potential market value [for owner] can be affected.
• It's out-of-print/author is dead, it's okay.
  • Our of print is not out-of-copyright. Rights may now belong to survivors, and publishers often purchase other publishers. Check at Copyright Clearance Center, for starters, or check a library catalog for serials that might have changed publishers.
• Copyright is the same online as it is in class.
  • Copyright is more restrictive online, although the purpose may be the same. Example: TEACH Act offers more flexibility, but only for distance education, not just posting items online.
• The author always has rights to copy his/her own work.
  • Authors often sign away some or all of their exclusive rights. Check first, and negotiate yours!
• Nobody is watching academic use.
  • Case is a prominent university with a large online population. Academic institutions are now being taken to court for various infringements. Web presence makes research easier, and enables others to see what you are copying and posting. Abiding by the law, while claiming fair use, is less expensive and troublesome than a court case.
• I kept the symbol on it when I used it!
  • Crediting a source is good citation courtesy and ethics. It does not forgive unauthorized use.
• I copied 10% so it's okay.
  • There are no bright line rules for fair use. A small amount could be the heart of the work and not fair use.
• I'll put it all on Reserve so they don't have to buy the book(s).
  • Reserve use must only supplement course materials. If it denies sales as a purpose, it's not fair use.
• Emails aren't copyrightable, pass it along!
  • Someone created it. It's fixed, it's immediately copyrighted. Copies, distribution, displays, derivative works are the owner's rights, not yours.
• Since no money is exchanged, it's okay.
  • Commercial use can be fair, academic use can be not fair. Always apply the Fair Use test.
• Permissions take too long & cost too much.
  • Inconvenience is not a factor. Seek them if necessary, and allow time. They may be fast, reasonable, or free!
• TEACH ACT means I can put it all online.
  • TEACH Act has many restrictions and only applies to online courses for distance education, not the electronic use of materials students are expected to read outside of the class session.
• I can't be sued (the university absorbs it all).
  • The individual is accountable, and liable for decisions and actions that might lead to an infringement claim in court. While faculty are indemnified at Case, adherence to the federal copyright laws is still the primary responsibility of the individual, and individual penalties are increased with recent legislation. Document your decisions, make an effort to learn copyright basics for more informed decisions.
• I can't be sued for much, anyhow.
  • Damages can be $150,000 per item, plus various legal fees. Any lawsuit is more than the time and effort it takes to gain a foundation about copyright.
• I don't know, I can plead ignorance.
  • .Ignorance is not a defense any longer. Copyright is very much in the news. Case's policy, copyright classes, and the Copyright @ Case website are indicative of efforts to educate the community, as required by law for the university to take advantage of legal benefits. Be informed.