Guides: Copyright and Fair Use: Further Reading

Texas Tech and Copyright

Guidelines for Educational Use of Copyrighted Works (OP 30.22) PDF
On June 10, 1983, the Association of American Publishers (AAP) Inc., published a recommended policy statement on photocopying of copyrighted materials for classroom and research use. This university policy follows closely their recommended guidelines and, in addition, addresses the library reserve policy, the use of music, the use of audiovisual materials, the off-air recording of television broadcasts, the use of non-broadcast audio and video transmissions, the use of computer software, and when and how to obtain a legal opinion regarding a specific use of a copyrighted work.
Sample Letter to Copyright Owner (Attachment to OP 30.22) PDF
Intellectual Property Rights (OP74.04) PDF
This Texas Tech University (TTU) Operating Policy/Procedure is intended to implement Chapter 10 of the Texas Tech University System (TTUS) Regents’ Rules, Intellectual Property Rights.
Distance Learning Course Materials Policy (Addendum to OP74.04A) PDF
This policy addresses the usage of and rights associated with distance learning course materials developed in the Texas Tech University System (TTUS)
TTU Regents Rules, Chapter 10: Intellectual Property Rights

Best Practices

Fair Use for Academic and Research Libraries PDF
This is a code of best practices in fair use devised specifically by and for the academic and research library community. It enhances the ability of librarians to rely on fair use by documenting the considered views of the library community about best practices in fair use, drawn from the actual practices and experience of the library community itself.
Fair Use in the Visual Arts
The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative and scholarly work and who, through discussion groups, identified best practices for using such materials. They included art and architectural historians, artists, designers, curators, museum directors, educators, rights and reproduction officers, and editors at scholarly publishers and journals.
Fair Use for Media Literacy Education PDF
This guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials, wherever and however it occurs: in K–12 education, in higher education, in nonprofit organizations that offer programs for children and youth, and in adult education.

International Copyright Law

Berne Convention for the Protection of Literary and Arttistic Works
The Berne Convention deals with the protection of works and the rights of their authors. It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing countries that want to make use of them.
WIPO Copyright Treaty 1996
The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention which deals with the protection of works and the rights of their authors in the digital environment. In addition to the rights recognized by the Berne Convention, they are granted certain economic rights. The Treaty also deals with two subject matters to be protected by copyright: (i) computer programs, whatever the mode or form of their expression; and (ii) compilations of data or other material ("databases").

General Copyright

For General Information on the U.S. Copyright Law

Copyright Circulars
Circulars are published by the Copyright Office to provide up-to-date and authoritative information to a general audience.
Copyright Law of the United States (U.S. Code Title 17)
This site allows you to search copyright registrations, register your works, and record transfers of copyright ownership.
Duration of U.S. Copyright
The provisions of copyright law dealing with duration are complex. Different standards apply depending on whether federal statutory copyright protection was secured before or on or after January 1, 1978, the date the current law—the Copyright Act of 1976—took effect. In addition, several amendments enacted since January 1, 1978, affect duration. This circular describes the changes to the law that affect duration and gives details about terms of protection for copyrights secured and renewed on certain dates.
U.S. Copyright Office
Basics, circulars, publications, forms, law and regulations, search copyright records, and licensing

Copyright and Architecture

Architectural Works Copyright Protection Act (PDF)
H.R.3990, 101st Congress
Copyright Claims in Architectural Works
Circular 41, U.S. Copyright Office

Fair Use and Teach Act

Fair use and the TEACH Act: concerning copyright issues within the physicial and online classrooms.

Teaching Copyright
Fair Use Frequently Asked Questions by the Electronic Frontier Foundation
Checklist for Fair Use
This list provides a list of factors favoring and opposing the four considerations related to determining fair use: purpose, nature, amount, and effect.
Technology, Education and Copyright Harmonization Act 0f 2001
ALA resource on TEACH Act, 107th Congress (2001-2002) s.487
The Original TEACH Act Toolkit
TEACH was intended to update the section of the copyright act (specifically, Section 110(2)) most applicable to online digital course. Thus, TEACH is not a separate or additional copyright law; it simply replaces an already existing section. TEACH, or more accurately, Section 110(2), is triggered whenever the performance or display of a copyrighted work is transmitted.

Copyright and Web Resources

Below are important resources for copyright and education

Copyright, American Library Association
Resource for copyright tools, articles, legislation, court cases, DMCA, digital rights management, distance education and the TEACH Act, fair use, first sale, international copyright, open access, and orphan works
Copyright Advisory Office, Columbia University Libraries
Resource on copyright ownership, checklists, permission forms, and quick guides
Copyright Claims Board Handbook
The Handbook provides an in-depth and authoritative resource for filing, responding to and opting out of claims, seeking assistance with your claim, and more.
Copyright Crash Course
University of Texas Libraries
Copyright Public Records System
In addition to information that appears in the official Copyright Public Catalog, CPRS now also includes images and searchable metadata from an initial release of Card Catalog registration applications from the 1938–1945 period.
Copyright Registration Tutorials
Video instructions for how to register a work for copyright.
Library of Congress Copyright Blog
This blog of the U.S. Copyright Office explores a wide variety of copyright-related topics, including special project updates, interesting copyright court cases and case law, current copyright issues, current events, historical facts, copyright myths, trivia, communications about current and developing Office services, fun facts, and responses to copyright interest suggested by our customers.
Visual Resources Association
Intellectual property rights and copyright: resources providing guidance on academic use of images

Students and Faculty

The Campus Guide to Copyright Compliance for Academic Institutions
Thisi site features a video of a librarian educating her colleagues about copyright law.
Fair Use & Student Overview (ARL)
Provides a list of frequently asked questions for students about copyright, fair use, creative commons licensing, and using copyrighted material for assignments.
Fair Use FAQ for Professors
This resource provides answers to questions that faculty frequently ask about copyright issues such as fair use, creative commons, e-reserves, and course management systems.