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.Copyright and Fair Use: Home

LEGAL DISCLAIMER: THE CONTENT ON THIS WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.

LEGAL DISCLAIMER

THE CONTENT ON THIS WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.

Definitions

Author

The creator of a work and the automatic owner of its copyright, unless there is a written release or assignment of the copyright to another person or entity, such as a publisher. When works are created for hire, the employer or commissioning party is considered to be the author.

Copyright

The lawful rights of authors and artists to control the reproduction and to authorize use of their creative expressions.  The expressions must be fixed in some tangible medium to be protected. However, publication is not required for protection, nor is official registration or a statement of copyright.

Derivative work

A work based upon one or more preexisting works and involving recasting, transformation, or adaptation.

Exclusive rights

The legal control that only the copyright holder has to 1) reproduce the work, 2) prepare derivative works, 3) distribute copies of the work to the public by sale, rental, lease, or lending, 4) perform or display the work publicly, or 5) authorize others for these activities. 

Fair use

The allowance for a person, under certain conditions, to make limited use of copyrighted material without permission or payment. Fair use is an exception to the exclusive rights held by the copyright holder--it is a user's right.

Infringement

The unauthorized reproduction, first-sale or distribution of the work's copies, performance or public display, or derivation of a copyrighted work--the activities that are exclusively the copyright holders to exercise.

Open Access

A publication model wherein material is digital, online, and free of price and permission barriers.  The intent is to maximize the public's access to scholarly literature.

Public Domain

The status of a creative work which is no longer (or never was) under copyright protection. A work is "in the public domain" when the copyright expires or when the author expressly registers it as a public domain work.  A person may freely use, reproduce, and distribute a public domain work.

Rights holder (or Copyright holder)

The person or publisher who has the exclusive rights for a protected work. 

TEACH Act (The Technology, Education and Copyright Harmonization Act)

Redefines the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. may use copyright protected materials in distance education - including on websites and by other digital means - without permission from the copyright owner and without payment of royalties. Because WOU does not meet the requirements of the TEACH Act, it can't be used to justify use of copyrighted protected materials. Use the Fair Use standard instead.

Scholarly Communication and Social Science Librarian

Sue Kunda's picture
Sue Kunda
Contact:
345 Monmouth Avenue
Monmouth, OR 97361
503-838-8893