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UNITED STATES COPYRIGHT LAW

The United States Copyright Law, Title 17, United States Code, covers all forms of tangible expression (written on paper, recorded on tape, coded into a computer). Works do not have to have a notice of copyright to be considered protected by law. One should assume that all works created January 1, 1978, or later are copyrighted unless otherwise indicated.

RIGHTS OF THE COPYRIGHT OWNER (Title 17, Section 106)

The Copyright Law gives the copyright owner of a copyrighted work these six rights:

Reproduction.
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Distribution of copies or phonorecords by sale, gift, rental, lease, or lending.
Public performance of the work (includes dramatic works, dance, and motion pictures and other audiovisual works).
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In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

The copyright owner may sell or license any or all of these rights. Copyright is violated if any one of the six exclusive rights is violated.

FAIR USE EXEMPTION (Title 17, Section 107)

The "fair use exemption" provides several instances in which reproduction of copyrighted items is permissible. The law states that "reproduction in copies 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 copyright."

In determining whether the use of a copyrighted use is a "fair" use, ALL FOUR of the following factors are considered:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
The nature of the copyrighted work.
The amount of substantiality of the portion used in relation to the copyrighted work as a whole.
The effect of the use upon the potential market for or value of the copyrighted work.

Because the law is subject to interpretation, many guidelines have been established to assist with interpretation.

The purpose of a copyright policy is to state the institution's intention to abide by the law. Libraries should consider developing a copyright policy. The copyright policy should:

* State the institution's intention to abide by the letter and spirit of the Copyright Law and the associated congressional guidelines.

* Cover all types of materials including print, non-print, graphics, and computer software.

* State that liability for noncompliance with copyright rests with the individual using the work.

* Require training for all personnel who might have need to make copies.

* Require people using materials to produce, on request, copyright justification for its use.

Internet Resource:

ALA National Interlibrary Loan Code
http://www.ala.org/rusa/stnd_lnc.html

Digital Millennium Copyright Act
http://www.educause.edu/Browse/645?PARENT_ID=254

Library Vision 2004
http://ndsl.lib.state.nd.us/v2004doc.html

North Dakota Century Code-Chapter 40-38 Public Libraries
http://www.state.nd.us/lr/information/statutes/cent-code.html

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