Copyright Questions

Showing 19 of 36 pages

Summary of an article in a database

Posted by: RuthDukelow
July 15, 2008 @ 8:07am
Abstracts are considered to be original material protected by copyright. I believe that you would need to obtain permission before using someone else's abstract in your database. Or - you could write your own original abstracts for your database....
Replies: 1

Photo editing and copyright

Posted by: ksmith
July 14, 2008 @ 1:52pm
Unfortunately, there is no numerical rule or percentage guide about how much one must change a copyrighted work in order to avoid copyright infringement. As you note, such a rule would be impossible to measure, and courts do not try.
[|n|n|]... Read more...
Replies: 4

Copyrighting Other People's Memories

Posted by: ksmith
July 7, 2008 @ 1:07pm
Orphan works are, by definition, not in the public domain. And in the absence of any legislatively adopted solution (there has been none), using an orphan work subjects one to the risk of the full set of copyright remedies if a rights holder subsequently... Read more...
Replies: 5

Shakepeare and a translation concern

Posted by: ksmith
July 5, 2008 @ 4:29pm
Based on your original question, it sounds like the basic issue is whether your permission from your old mentor to use the young adult adaptations covers the making of a derivative work. To be able to publish and freely use the translation, you either... Read more...
Replies: 6

Copyright in a Nonprofit Organization Library

Posted by: ksmith
June 22, 2008 @ 5:33am
I will leave it to others to comment on the details of your practices, although I will say what you describe seems well outside of accepted practice for interlibrary loan and fair use. It is unusual, I think, for a library to built a collection of... Read more...
Replies: 5

Writing about a real person

Posted by: ksmith
June 16, 2008 @ 5:18am
This is not a copyright question at all, since no person can claim any copyright in the facts (or myths) about his or her own life.

In fact, what you want to do is done all the time by novelists. To take a recent example, "The Dante Club"... Read more...
Replies: 3

Using someone else's logo

Posted by: jdeb
June 2, 2008 @ 7:38am
Late last year, the University of Wisconsin, Madison filed suit against Washburn on trademark infringement, even though Washburn had taken deliberate steps to alter their logo, minimizing any similarities:
[|n|n|]... Read more...
Replies: 4

Design copyright

Posted by: ksmith
May 27, 2008 @ 10:22am
Freya asks an important question; access is half of the usual test for infringement. The other half of the test is "substantial similarity." This two-pronged test is used whenever direct copying cannot be proved.

Since you have seen the... Read more...
Replies: 3

Website that is linked to Blackboard

Posted by: Freya Anderson
May 27, 2008 @ 10:16am
To determine the answer to your question, I think more information is needed. Questions that come to mind for me include: What kind of "information" would be saved? Is it more factual or more creative? Is it available for purchase? How much of the... Read more...
Replies: 3

Copyright and for-profit, private, post-secondary university

Posted by: ksmith
May 22, 2008 @ 11:35am
The widespread, but not universal, practice of treating some electronic reserves as fair use in the first semester of use but requiring permission for subsequent uses derives from the "classroom copying" guidelines which were part of the House report on... Read more...
Replies: 5

music copyrights, lyrics and institutional repositories

Posted by: MKardick
May 20, 2008 @ 8:32am
My short answer but not to be considered legal advice is this. If you are being asked to post the thesis on a limited access website (class members, university staff or some other limited group) for the purpose of education then I believe that is fair... Read more...
Replies: 1

Movie Screening

Posted by: MKardick
May 13, 2008 @ 6:22am
With more and more things being done electronically, I am not surprised that there is not a physical license. I often e-mail asking for permission to include images in our school yearbook and only get an elecronic response. Assuming the entity you... Read more...
Replies: 2

Risk of adding 1940s letters to a digital collection

Posted by: AFry
May 6, 2008 @ 7:26pm
I was hoping that someone else would be the first to answer because I do not believe that my view represents the consensus.

I feel safe in many situations that most people consider unsafe. Most people would say that I am more tolerant of... Read more...
Replies: 2

public performance clarification

Posted by: AFry
April 29, 2008 @ 1:42pm
If so, is it illegal to read a story to your class as a reward or just for entertainment? When I look at 110(1), I don't see anything that differentiates a video from a book.
110 is an exemption. It tells you what you can do (what is legal) not... Read more...
Replies: 5

Document Delivery Services Copyright Restrictions

Posted by: AFry
April 21, 2008 @ 7:27am
I'm not sure that I understand your situation. I think you are saying that the supplier may not be paying the copyright fee, and I think you are asking if you have any responsibility for the supplier's behavior. If I've got that wrong, please let me... Read more...
Replies: 2

Another public performance question

Posted by: AFry
April 18, 2008 @ 1:27pm
I'm not sure this is a public performance, but this is a situation which should ring bells.

According to Title 17 § 101,
[quote]To perform or display a work “publicly” means —

(1) to perform or display it... Read more...
Replies: 1

John Lennon lyrics on T-shirts

Posted by: AFry
April 18, 2008 @ 10:44am
I'm uncomfortable answering this question for at least a couple of reasons. I have not problem talking to my colleagues about whether or not I think this is legal. Depending on the circumstances, I also don't mind talking to individuals who are involved... Read more...
Replies: 1

Circulating a Canadian film

Posted by: Freya Anderson
April 17, 2008 @ 1:31pm
I'm not sure, but this might not be a copyright issue, but more analogous to the practice many publishers have of charging more for institutional/library subscriptions to periodicals. In that case, I think that the higher rate is usually charged for... Read more...
Replies: 1

Movie on the Lawn

Posted by: ckristof@kent.edu
April 11, 2008 @ 1:08pm
This is considered a public performance, which is an exclusive right of the copyright owner. If it's purely for entertainment purposes and not an integral part of a course curriculum, than it's not a fair use. There are quite a few motion picture... Read more...
Replies: 2

Digital photo copyright

Posted by: AFry
April 9, 2008 @ 5:00pm
I'm not an expert on photos.

If I understand you correctly, you have a print which was developed from the same negative used by the magazine. Do you know if you have the original print, which I think would have some kind of magazine mark... Read more...
Replies: 2

Problem-based curriculum and copyright

Posted by: AFry
April 9, 2008 @ 4:32pm
I believe that the average approach is too conservative. I believe that the NYU out of court settlement and decades of misinformation have skewed the entire spectrum. Of course, almost everyone disagrees with me. If the majority of people agreed with... Read more...
Replies: 10

E-reserves and mulitple semesters

Posted by: COvalle
April 8, 2008 @ 2:52pm
With the support of our University Counsel, we use the standard, nonconservative approach to electronic reserves. ^_^ Our counsel does believe that semester-after-semester usage decreases the fair use argument, but it is difficult to say that a use is not... Read more...
Replies: 4

warnings from librarians

Posted by: AFry
April 6, 2008 @ 12:18pm
This topic is an outgrowth of the discussion at http://www.librarycopyright.net/wordpress/punbb/viewtopic.php?id=1430 , but you do not need to read that discussion first.

Here’s the situation that prompted this post:
I was... Read more...
Replies: 9

Copyright/Fair-use lecturer needed

Posted by: ckristof@kent.edu
April 4, 2008 @ 12:21pm
I am in northeast Ohio, but I believe my name was forwarded to you by a colleague earlier this week. After some thought, I'm replying on the forum, too, to cover all bases!
Replies: 2

Consumable components to Everyday Math

Posted by: ksmith
April 4, 2008 @ 11:14am
It is possible to interpret this question as suggesting that the pages from the already purchased books will be laminated for reuse. Thus each new class would read the pages and write whatever response is called for on separate pages. If that is the... Read more...
Replies: 9
Showing 19 of 36 pages