University of Missouri-Columbia Libraries

General Policy Manual Policy #8

COPYRIGHT

0.0 CONTENTS

1.0 Scope of Policy

2.0 What is Copyright?

3.0 Copying by the Libraries

4.0 Copying by Library Users

5.0 Interlibrary Loan

6.0 Library Reserve

7.0 Library Instruction

8.0 Copyright Notice and Protection

9.0 Indemnification and Liability of MU Libraries Employees

10.0 Ownership of Works Created by MU Libraries Employees

11.0 Recourse for Disputes or Violations of this Policy

12.0 Appendices

1.0 SCOPE OF POLICY

This policy establishes guidelines for the University of Missouri-Columbia Libraries’ (excluding the Law Library) compliance with the United States Copyright Law (Title 17 United States Code, Sect. 101, et seq.) Note: For copyright of computer software, see policy #26.

2.0 WHAT IS COPYRIGHT?

Copyright protects original works of authorship (literary, musical, graphic, pictorial, audiovisual, choreographic, dramatic, sculptural, architectural) “fixed in any tangible medium of expression, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” The copyright holder has exclusive rights, for a limited time, which are limited by conditions of fair use and other exceptions detailed in the copyright law. Note that publication is not a condition of copyright protection, so dissertations, term papers, class notes, exams, and websites may be protected by copyright.

2.1 The exclusive rights of the copyright holder as defined in 17 USC 106 are:

2.1.1 “to reproduce the copyrighted work in copies or phonorecords”;

2.1.2 “to prepare derivative works based upon the copyrighted work”;

2.1.3 “to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending”;

2.1.4 “in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly”;

2.1.5 “in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly”;

2.1.6 “in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.” (17 USC 106)

2.1.7 In addition, authors of visual art, defined as signed works issued in editions of 200 or less, have rights of attribution and preservation of their work from “intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation” and “destruction of a work of recognized stature”. (17 USC 106A)

2.2 Section 108 of Title 17 describes “fair use” of copyrighted works, including copying, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” Scholarly use does not constitute fair use per se. The following four factors are weighed in each case to determine if the use is fair:

2.2.1 “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;”

2.2.2 “the nature of the copyrighted work;”

2.2.3 “the amount and substantiality of the portion used in relation to the copyrighted work as a whole;”

2.2.4 “the effect of the use upon the potential market for or value of the copyrighted work.”

2.3 The term of copyright protection is limited.

2.3.1 For works created on or after January 1, 1978

2.3.1.1 in general, from creation of the work to 70 years after the author's death.

2.3.1.2 for joint works, not for hire, for 70 years after the last surviving author’s death.

2.3.1.3 for anonymous or pseudonymous works or works made for hire, for 95 years from the year of first publication, or 120 years from the year of creation, whichever expires first. In the case of anonymous or pseudonymous works, this term may be altered if the identity of the author of the work is later revealed and recorded with the Copyright Office. (17 USC 302)

2.3.2 For works created but not published or copyrighted before January 1, 1978

2.3.2.1 in general, the term is the same as for works created on or after January 1, 1978, except that

2.3.2.2 the term shall not expire before December 31, 2002, and

2.3.2.3 &