Copyright Law

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

Assume that EVERYTHING is. Even handwritten letters are covered by copyright law, and the rights belong to the writer of that letter.  Everything on the Internet is copyright protected, even if no copyright statement is included.

The two factors written into the law are that the work has a creator (author, artist, photographer, sculptor, etc.) and that the work is fixed in a tangible form (print, artwork, visual images, AND electronic formats, etc.).

You can make copies of small portions (a book chapter, a single article, a single poem, etc.) to do research and study. You cannot insert copies of other people’s works into your papers and turn them in. Especially illustrations! You may quote and cite small portions of other people’s works, but an illustration is a whole work. If you simply must have an illustration created by someone else, obtain permission from the copyright holder. This applies to graphics on the Internet, as well as, photographs, etc.

This is also true with images inserted into Power Point presentations. One way around this is by obtaining open license content (Creative common license), images in the public domain, or images made by yourself. 

In some cases it may be possible to use works that are not in the public domain without needing to request authorization from or remunerate the author or the right owner. This can occur if such uses are covered by limitations and exceptions in the national legislation. Examples of limitations and exceptions include:

• the quotation of works;
• the use of news of the day; or
• the creation of accessible formats for print disabled people.

Copyright infringement includes the unauthorized or unlicensed copying of a work subject to copyright. 

Plagiarism is using someone else’s work or ideas without giving proper credit.  In other words, because you are not giving attribution to the owner of the original work or idea, you are presenting the idea or thought as your own.

The basic difference between the two is this: Plagiarism entails copying someone else’s work and taking credit for it as your own original work; copyright infringement entails using someone else’s work and not paying them for it.

Copying might be legal because the specific circumstances fall under “Fair Use,” or because the original creator has permitted use with an Open license, or because the rights holder has specifically granted you a license, or because the work is no longer under copyright, or because the work was never eligible for copyright in the first place.

The courts use four factors to determine this on a case by case basis. The factors are:

• The purpose for which the material is used
• The nature of the work being used
• The amount of the work being used in relation to the whole
• The effect on the publishing/licensing market

If you quote a few lines from a published book for a research paper, it probably is fair use, because it was for an educational, non-profit purpose, the quotation was a small amount of text compared to the book, and the quote did not impact sales of the book. 

A common misperception is that works published on the Internet, including on social media platforms, are in the public domain and may therefore be widely used by anybody without the authorization of the right owner. Any works protected by copyright or related rights – ranging from musical compositions, to multimedia products, newspaper articles, and audiovisual productions – for which the time of protection has not expired, are protected regardless of whether they are published on paper or digitally.

In each case you should, generally, seek the authorization of the right owner prior to use.

Copyright Issues and Streaming Video Services

Most streaming video services such as Amazon Prime, Disney Plus, and Netflix have terms of use that specifically limit their services for personal use. This means these services should not be used to show videos to the public, or even used in a classroom setting.

When someone signs a license agreement, he or she often gives away certain freedoms, such as copyright exceptions. For example, the Netflix user agreement specifically states: “the Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.” Most copyright attorneys interpret the phrase “for your own personal use” as giving away your statutory exceptions listed in 17 U.S.C. § 107 (fair use) and 17 U.S.C. § 110. When someone signs a licensing agreement which states the product or service is for personal use, he or she agrees to only stream videos in the privacy of his or her own residence. Educational entities willingly give away such freedoms when they sign licensing agreements like this.

For additional information, see https://www.copyright.gov/fair-use/.

Amazon Prime

The Amazon Prime Video Terms of Use provide a limited license to digital content for personal, non-commercial, private use. These terms exclude showing videos in public settings and academic uses such as in a classroom or any other setting.

Read the Terms of Use for Amazon Prime Video at: https://www.primevideo.com/help?nodeId=202095490

Netflix

The Netflix Terms of Use provide a limited license to use the Netflix service for personal and non-commerical use. They specifically state: “You agree not to use the service for public performances.” Therefore, Netflix cannot be used for academic purposes, including use in classrooms or any other setting.

Read the Terms of Use for Netflix at:
https://help.netflix.com/en/legal/termsofuse