Using Information Ethically
	Copyright and Fair Use

The copyright law of the United States protects the owners of intellectual property, such as writing, works of art, Webpages, computer software, music, images, logos, etc. The copyright holder

• has the right to be compensated (paid) for the use of their property
• has the right to decide whether or how their property may be used
• may deny permission to use it
• may allow some uses of their property without compensation

If you want to use copyrighted material, you are required by law--with a few exceptions--to obtain the permission of the copyright holder.

You should assume that all information you find in doing your research is copyrighted. Under the current law, copyright applies to an item as soon as it is created--even if it is not registered with the federal Copyright Office and even if it has no statement claiming copyright--unless the creator specifically waives copyright.

Here are a few important examples of material that can be used without permission:

Material published by the federal government is not copyrighted, so you don't need permission to use it.

Copyrighted items enter the public domain as their copyrights expire and can then be used without permission. When Works Pass Into The Public Domain shows the current timetables for this. Note that copyrights issued during certain time periods can be renewed; also, even if the original work is in the public domain, a new edition, translation, or musical arrangement of it can be copyrighted at the time it is produced.

The copyright law includes a provision for "fair use" of copyrighted material, which permits the use of copyrighted material for certain purposes without obtaining the permission of the copyright holder. Fair use is not a right, however. It depends on a set of guidelines that must be applied in each separate case. The four "tests" for fair use are:

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole (for media, the amount allowed is very small);
4. the effect of the use upon the potential market for or value of the copyrighted work.

Most of the uses you will make of copyrighted text in your undergraduate career will be covered by the fair use provision. However, fair use may not cover your intended use of images, recorded music, video, or other media. Here are some suggestions for sources of images and music that you may use without permission:

Use the Accunet/AP Photo Archive database as a source for copyright free color images. The Library has paid fees in exchange for permission for our students, faculty and staff to use these images.

Use the Video Encyclopedia of the 20th Century for video clips covering the social, cultural, and political history of the 20th Century. The index is online. The video clips are on laserdiscs in the library, and they are being digitized for delivery over the Web. The Library has paid fees in exchange for permission for our faculty, students, and staff to use this material.

Search for "production music" on CD in the HSU Library Catalog to find numerous CDs of copyright free music in different styles.

For more information about fair use, check these two sites:

• Fair Use in Copyright has a summary of the fair use provisions and how to apply them.
• 10 Big Myths About Copyright Explained is a very readable explanation of several copyright issues including fair use. This site will help you understand some of the complexities of copyright law in relation to the Internet. It also has a few links to more technical information.

In the electronic information age, the issues related to copyright are becoming more and more complicated. Many are not yet resolved clearly in the law.
Remember

• all information sources and technology have been created by someone
• depending on how you use their property, you might have to ask those authors, Webpage developers, publishers, etc., for permission
• to be safe, do not copy anything unless you have explicit permission or a clear statement that the item is in the public domain.

Of course, you should always cite information that you quote or paraphrase. This practice is good scholarship but not a substitute for obtaining copyright permission.

The links below are recommended for further information about the copyright laws, fair use, and the issues surrounding them:

• United States Copyright Office
• Stanford Copyright & Fair Use Center