10 Essential Copyright Compliance Tips Every Information Professional Must Know
Prepared by Lesley Ellen Harris
Founder and CEO, Copyrightlaws.com
Copyright compliance is usually the domain of information professionals
Understanding the principles of copyright law is key for lowering your risk of copyright infringement.
Copyright law is complicated
Copyright law is complex for both lawyers and nonlawyers. Issues require interpretation and case-by-case analysis, and the answer is often “It depends ….”
Resolving copyright issues requires information (Copyright Act + court cases) and your own judgment (copyright wisdom through experience and education).
10 Essential Copyright Compliance Tips Every Information Professional Must Know
1. It’s all about risk management
Copyright compliance = understanding your organization’s risk tolerance and making judgment calls.
TIP: Learn how to apply the law to your situations, being aware of your organization’s risk tolerance.
2. U.S. copyright law doesn’t protect ideas
Copyright law doesn’t protect ideas, facts, historical facts or news. It protects their expression.
TIP: You can summarize articles and share URLs without reproducing them.
3. Copyright protection is automatic
Copyright protection is automatic upon the creation of a work in a fixed form (e.g., written on paper, saved to a memory card or hard drive). The use of © isn’t required.
TIP: Just because there’s no © doesn’t mean it’s free.
4. Registration with the U.S. Copyright Office is voluntary
Registration isn’t mandatory but can provide benefits such as:
TIP: Even if the work isn’t registered in the USCO, you still need to assume it’s copyright protected.
5. There is no orphan works provision in the U.S.
The works of unlocatable owners are called “orphan works.”
TIP: You require permission to use a copyright-protected work, even if the owner is unlocatable or won’t respond to your permission requests.
6. U.S. government works are not protected by copyright
Maps, brochures, studies are not protected by copyright and are free to use, share and republish.
TIP: The U.S. government can own copyright in works prepared by consultants, etc.
7. Public domain = no copyright protection
Some works (e.g., U.S. government works) aren’t protected by copyright, and some copyright durations have expired.
TIP: You can use a work in the public domain in any way without obtaining permission.
8. Licenses expire
Licenses for e-resources are often 1 to 3 years in duration.
TIP: Keep a database of all signed licenses and renew them before they expire.
9. Fair use may apply to corporate libraries
Fair use is a principle in the U.S. Copyright Act. You need to apply the 4 fair use factors and make a judgment call (which may also be a risk management issue). A judge in a court of law is the final arbiter of fair use.
TIP: Both for-profit and nonprofit organizations may apply fair use.
10. Images found through Google Images may be protected by copyright
Assume images found through Google searches are protected by copyright.
TIP: Only use an image found through Google Images once you’ve done your copyright research.
10 Essential Copyright Compliance Tips Every Information Professional Must Know
Need more information?
See Copyrightlaws.com’s Copyright Leadership Certificate to gain an in-depth understanding of copyright law principles plus hands-on application of copyright law.