What is Copyright?
Copyright is a form of protection
provided by the laws of the United States (title 17, U.S. Code) to the
authors of "original works of authorship" including literary, dramatic,
musical, artistic, architectural and certain other intellectual works.
***This
protection is available to both published and unpublished works.
Material in the "public domain"
is intellectual property that does not come under copyright laws.
Nearly all work before the
20th C. is not copyrighted.
What is Plagiarism?
Plagiarism is the the act
of stealing and passing off the ideas, words, or other intellectual property
produced by another as one's own. For example, using someone else's words
in a research paper without citing the source, is an act of plagiarism.
History of copyright:
-
First law enacted 1790.
-
Fourth revision - 1976 copyright
law followed international law, extending copyright for 50 years after
death of the author/creator.
-
On October 27, 1998, President
Clinton signed into law the "Sonny Bono Copyright Extension Act," which
extends the terms of almost all existing copyrights by 20 years, to provide
copyrights in the United States the same protection afforded in Europe.
The basic term of copyright protection, the life of the creator plus 50
years, has been increased to life plus 70 years. The term for "work for
hire" has been extended from 75 to 95 years.
How long does copyright last?
-
Works created on or after Jan
1978 - life of author + 70
-
Work for hire 95 years
TheOWNER/manufacturer/creator
[but
not always the creator ] of the work CAN:
-
copy the work.
-
create derivative works based
upon the work.
-
sell, rent, lease, lend copies
of the work.
-
publicly perform literary, musical,
dramatic, motion picture and other audiovisual works.
-
publicly perform sound recordings.
It is not necessary to have
a notice of copyright (i.e.: © 1997 Jane Doe) for material to be copyright
protected in the U.S. Once something tangible is produced, text,
graphics, music, video, etc., it is automatically copyrighted. Sound recordings
and some other property use other copyright symbols. Anyone can use
the copyright symbol on her or his original work.
The Internet and Copyright:
"The Internet has been
characterized as the largest threat to copyright since its inception. The
Internet is awash in information, a lot of it with varying degrees of copyright
protection. Copyrighted works on the Net include new s stories, software,
novels, screenplays, graphics, pictures, Usenet messages and even email.
In fact, the frightening reality is that almost everything on the Net is
protected by copyright law. That can pose problems for the hapless surfer."
("The
Copyright Web site"
http://www.benedict.com/)
What is protected on the
WWW?
The unique
underlying design of a Web page and its contents, including:
-
links
-
original text
-
graphics
-
audio
-
video
-
html, vrml, other unique markup
language sequences
-
List of Web sites compiled by
an individual or organization
-
and all other unique elements
that make up the original nature of the material.
When creating a Web page,
you CAN:
-
Link to other Web sites. [However,
some individuals and organizations have specific requirements when you
link to their Web material. Check a site carefully to find such restrictions.
It is wise to ask permission. You need to cite source, as you are required
to do in a research paper, when quoting or paraphrasing material from other
sources. How much you quote is limited.]
-
Use free graphics on
your Web page. If the graphics are not advertised as "free" they should
not be copied without permission.
When creating a Web page,
you CANNOT:
-
Put the contents of another
person's or organizations web site on your Web page
-
Copy and paste information together
from various Internet sources to create "your own" document. [You CAN quote
or paraphrase limited amounts, if you give credit to the original source
and the location of the source. This same principle applies to print sources,
of course.]
-
Incorporate other people's electronic
material, such as e-mail, in your own document, without permission.
-
Forward someone's e-mail to
another recipient without permission
-
Change the context of or edit
someone else's digital correspondence in a way which changes the meaning
-
Copy and paste others' lists
of resources on your own web page
-
Copy and paste logos, icons,
and other graphics from other web sites to your web page (unless it is
clearly advertised as "freeware." Shareware is not free).
Some organizations are happy to let you use their logos, with permission
- it is free advertising. But they want to know who is using it.
They might not approve of all sites who want to use their logo.
Many aspects of the issue of
copyright and the Internet are still not resolved. This information,
however, should serve as a useful guide to help you avoid violation of
copyright rules and the pitfalls of unknowingly plagiarizing someone else's
material. When in doubt, please consult the official
copyright rules and guidelines.
For more resources on
this subject, see Copyright
Resources
© Virginia
Montecino
1996
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