General Counsel
FAQ: Copyright
This document provides a summary of the law in this area and answers questions frequently asked of attorneys in the Office of General Counsel. However, the information presented here is intended for informational purposes only and nothing in this document should be construed or relied upon as legal advice. The Office of General Counsel or your Campus Legal Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter.
Revised 10/29/2010
Q.
What is the duration of copyright protection?
A. At some point, all copyrighted works lose their protected
status and return to the public domain, but copyright
duration can be difficult to determine. Generally, if
a work is created after January 1, 1978, it is protected
for the life of the author plus seventy years. The duration
of protection for works created before that date depends
on several factors. The U.S.
Copyright Office's World Wide Web site includes
a helpful summary of the relevant factors.
Q.
Can I copy software without obtaining permission?
A. Ordinarily, the authority to copy or distribute copyrighted
software is limited by license - the contract that allows
you to use the software. For example, some licenses
limit permissible installations of the software to network
servers. In that case, installing a copy of the software
on your PC at home, even for the purpose of working
at home, would violate the rights of the copyright owner.
In addition, as with other copyrighted works, certain
uses of software may qualify for treatment under the
fair use exception.
Q.
Is making a "course pack" for my students
a fair use?
A. It depends on how you go about putting the course
pack together. If you limit materials in the course
pack to smaller portions of the original works (e.g.,
single chapters), include notice of the original copyright
and author on copied material, and use copying facilities
in the campus library rather than a for-profit copy
shop, the course pack may be fair use. In addition,
it may be relatively inexpensive and convenient to
use resources such as the Copyright Clearance Center
(http://www.copyright.com)
to obtain permission to include book chapters and other
materials in coursepacks.
Q.
I found some materials on an Internet website that I
want to use in class. Can I use it without permission?
A. Generally, no. Websites contain copyrighted information
for which you need to obtain permission, just like
works in any other medium. Fair use principles and
the other exceptions to the permission requirement
apply to on-line works, however, and may
allow you to use the information.
Q.
Some students will be watching a movie in a lounge in
a campus residence hall. Is this legal?
A. Showing a videotape to a group of students in a
common area of a residence hall could be a public
performance which requires the authorization of the
copyright owner, especially if the showing is advertised
on bulletin boards or in hall newsletters as opposed
to an impromptu gathering of students. Permission
will almost certainly be required if students are
charged admission for the performance. In contrast,
a student inviting a small group of friends into his
or her dorm room to watch a videotape or DVD would
probably not be an infringement. Whether authorization
of the copyright owner is required in cases like this
is highly dependent on the size and composition of
the audience.
Q.
I found out that some of my students are selling notes
of my lectures to a for-profit company that publishes
them on the Internet. Is that legal?
A. The issue is complicated, but, as a general matter,
if lectures are recorded, faculty members own the copyright
in them and the institution would not become involved
in protecting those rights. Students' notes may constitute
derivative works of the recorded lecture and there are
certain protective measures that instructors concerned
about students selling notes on-line can take, such
as informing students verbally or in writing of how
their lecture notes may be used.