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Copyright Portal
The information presented
here is intended for informational purposes only and
should not be construed as legal advice
BEFORE USING MATERIALS OR INFORMATION THAT YOU DID NOT CREATE OR
AUTHOR,
PLEASE READ THE FOLLOWING:
Posting content
on the Web constitutes publishing the content. Therefore,
all Web content is classified as an official publication and
protected by copyright and intellectual property laws
whether or not the Web site or content includes a statement
about copyright protections.
Copyright
Law
Copyright law governs the
making of reproductions of copyrighted works or materials as well as the
circumvention of any technical protection measures for digitally produced
works.
 Copyright
Check List
University Policies
COPYRIGHT
The copyright law governs the making of reproductions of copyrighted
works or materials as well as the circumvention of any technical
protection measures for digitally produced works. Under certain
conditions specified in the law, individuals and educational
institutions, such as the Medical Center, may reproduce portions of
works or materials if restricted for private study, scholarship,
research or classroom purposes. Liability for any copyright
infringement, including protections for digital materials, resides with
the user as defined by law.
In keeping with academic
freedom and tradition, all faculty own and control instructional
materials and scholarly works created at their own initiative with usual
UMC resources. Some examples are lecture notes, transparencies, slides,
case examples, articles, books, and CDROMs, regardless of the form in
which the ideas or processes are disseminated.
--
University of Mississippi Medical Center Faculty and Staff Handbook
4.2.3 Intellectual
Property
Individuals must comply with all applicable laws and regulations for
copyright, patents, trademarks, software licenses, electronic access
licenses, or any other legal binding agreements when conducting UMC
business. Information must be:
-
reproduced only after
permission has been obtained from the source;
-
properly identified when
quoted from other sources; and
-
approved by the
appropriate owner and the Division of Public Affairs prior to public
release.
--
University of Mississippi Medical Center Information Policy
Patent and Invention Policies and Procedures
(pdf)
University of Mississippi
Medical Center. Copyright Q & A for Classroom Use (pdf)
University of Mississippi
Medical Center. Copyright Q & A for General Use (pdf)
Research at UMC
Rowland Medical Library
Fair Use
It is a principle that is
based on the belief that the public is entitled to freely use portions of
copyrighted materials for purposes of private study, scholarship, or
research. This principle is used extensively in instruction. The following
are guideline to help determine “fair use”.
-
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 and
substantiality of the portion of the work used in relation to the
copyrighted work as a whole
-
The effect of the use
in question upon the potential market for or value of the copyrighted
work
Fair Use
Check List
Campus and Distance Learning
Classroom Use
Distance education is teaching students outside the standard classroom or campus setting.
Classroom
Use Check List
Orphan Works
Definition: “Orphan works”
describe the situation where the owner of a copyrighted work cannot be
identified and located by someone who wishes to make use of the work in a
manner that requires permission of the copyright owner. Even when the owner
is not found, the user faces uncertainty whether or under what conditions
the owner would permit use.
According to the “Report on Orphan Works” by the Register of Copyrights,
submitted to Congress in January, 2006, the following are suggested
guidelines based on the report recommendations to determine whether a
copyrighted work is an orphan work and the user of the work would thereby
qualify for the suggested limitation remedies for copyright infringement as
suggested in the “Report on Orphan Works” for the recommended statutory
language to amend Section 514 of the Copyright Law of 1976. The report
recommends that should the copyright owner be located during use of the
work, both monetary and injunctive or equitable relief limitations should
applied and continued use of the work be permitted if payment of
compensation is made to the copyright owner for continued use.
To date, the amendment has not been passed by
Congress and is not law.
Prior to use of the
copyrighted work, have you conducted a “reasonably diligent search” to
identify and locate the copyright owner?
A “reasonably diligent search” includes but is not limited to the
following sources of information for the copyright owner:
If an individual:
request information from the last known employer, professional
organization, any known living family member, colleagues or friends,
public sources in last place of residence, publisher or producer of last
work, published biographical sources, and local public libraries.
If a publisher/institution/organization: request information from
a library about mergers, out of business organizations/agencies, name
changes, relocations, last known president, director, or other chief
executive, existing similar businesses that existed when work was
created, and last known place/activity of business operations.
In using the work in a manner
that requires permission and the reasonably diligent search failed to
identify and/or locate the copyright owner, have you made it clear to the
public throughout the use of the work, that the creator and/or the copyright
owner are another person or organization, i.e. provided attribution to the
individual or institution, organization or publisher?
Public Domain
This concept refers to the state of
authorship of a particular work. Works that fall into the public domain
belong to the public as a whole and are not protected by the copyright law.
Open Access
An
Open Access Publication is one that meets the following two conditions:
The author(s) and copyright holder(s) grant(s) to all users free,
irrevocable, worldwide, perpetual right of access to, and a license to copy,
use, distribute, transmit and display the work publicly and to make and
distribute derivative works, in any digital medium for an responsible
purpose, subject to proper attribution of authorship2, as well as the right
to make small numbers of printed copies for their personal use.
A complete version of the work and all supplemental materials, including a
copy of the permission as stated above, in a suitable standard electronic
format is deposited immediately upon initial publication in at least one
online repository that is supported by an academic institution, scholarly
society, government agency, or other well-established organization that
seeks to enable open access, unrestricted distribution, interoperability,
and long-term archiving (for the biomedical sciences, PubMed Central is such
a repository).
-
Open access is a property of individual works, necessarily journals or
publishers.
-
Community standards, rather than copyright law, will continue to provide
the mechanism for enforcement of proper attribution and responsible use
of the published work, as they do now.
Licensing/Ownership
International Copyright
There is no “international copyright” that
will automatically protect an author’s writing throughout the world.
Protection against unauthorized use in a particular country basically
depends on the laws of that country. There are two principal international
copyright conventions, the Berne Union for the Protection of Literary and
Artistic Property (Berne Convention) and the Universal Copyright Convention
(UCC).
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