Copyright Information

Frequently Asked Questions

Information about copyright for Library staff

The Acquisitions Department was charged with developing expertise in copyright ownership, and to serve as a clearinghouse to advise staff and Library departments which are publishing in print or electronically. Accordingly, the "frequently asked questions" format is used for this document to better inform and guide Library staff about issues of copyright. The questions below arose during an extensive series of interviews conducted with representatives from almost every department and division within the Library during the summer and early fall of 1996 with revisions added in January 2000. The responses to the questions are accurate to the best of our knowledge, but we want to emphasize that the answers carry no legal standing.

1. Why should we be interested in copyright issues?

This Library, along with many others, is in the midst of an ongoing discussion of copyright issues. As librarians, we must weigh the rights of authors and publishers against our mission of providing patrons with access to information and our collections. Given the vagueness of the current Copyright Act, those issues are hard enough to resolve; and now new technologies are making copyright issues even more complicated. In addition, the Library is increasingly involved in publishing its own electronic material and is creating works of significant value. Now and in the future, we should receive proper credit and copyright protection guarantees for our original work.

Librarians are called upon to give guidance everyday on issues of copyright as they arise. We can do our jobs better by being able to steer patrons to authoritative sources. We should be able to assist academic departments and professors in understanding and applying "fair use" standards. No one should dismiss copyright issues as irrelevant; they are pertinent to almost every department of the Library in the electronic era. The Library ought to take steps to protect the original work being done by various departments and it should stay abreast of changes in copyright law.

Keep in mind that copyright issues are neither absolute nor easily reduced to black and white. This is an area of federal law that is in flux and requires that Library personnel, as well as patrons, make judgments. We are all potentially liable for the consequences of our judgments on copyright. Every member of the Library should become knowledgeable about the most relevant portions of the copyright law.

For additional information on why copyright is important to librarians, check out one of the following links:

From the very highly regarded University of Texas copyright web site. Scroll down once on the site to read about why copyright is important to University librarians.
A statement from The American Library Association.
One good reason to care is the cost of scholarly publishing. Wonder why scientific journals cost so much and what the university community can do about it? Here are the 1993 recommendations from the Triangle Research Libraries Network .

2. Where can I read the current Copyright Act?

Go to the Acquisitions Department's web site, Copyright and Intellectual Property Resources section at http://www.lib.virginia.edu/acquisitions/copyright/laws.html. You will find the Copyright Act of 1976, As Amended in the Primary Materials section. In addition, the Digital Millennium Copyright Act was signed into law in late 1998. Click here for a copy of the DMCA .

3. When is a work considered copyrighted?

As soon as it is created. With a few exceptions (government publications, titles, phrases), every work, published or non-published, is protected.

4. I offer professional hints to a newsgroup of librarians in Virginia who share my duties. The postings are typically a couple of screens in length and are distributed by email. Are my email postings copyrighted?

Although the copyright law is dated and vague, copyright protection may apply to email postings. Because email postings are fixed in form and represent some degree of creativity then they are presumably copyrighted. However, posting an email to a newsgroup or list-serv may also carry an implied consent to copy and distribute the message. If news group postings are copyrighted, then this is surely one of the most violated provisions of US law, as these messages are copied and distributed indiscriminately by numerous companies and individuals. For a balanced discussion of how copyright applies to materials found on the internet, including email messages, click here.

5. Do I have the right to take something if I do not see a notice specifically prohibiting me from copying it?

No. Before 1989, published works had to have a copyright notice to indicate they were copyrighted. Now, however, you should assume that someone's work is copyrighted unless the owner of the copyright grants express permission to copy.

6. Do copyrighted works need to be registered?

No. Works no longer need to be registered with the Copyright Office to be officially copyrighted. By registering, however, the copyright owner secures protection to the full letter of the law. If you want to register something with the Copyright Office, contact the Publications Office.

7. Do I need permission to link to someone's site on the web?

In December of 1999, a federal judge in Utah barred a web site from posting the URL to another site that contained possibly pirated, copyrighted materials. The display of the URL was considered "contributory infringement." The implications of this ruling are enormous. The World Wide Web will collapse if linking to other sites without permission is prohibited. Although the copyright law does not address this issue, it is clear that the Web was set up with the expectation that such linkages would be permitted. However, anyone may want to consider the benefits of linking to a site that operates clearly outside the law.

The moment you want to borrow a section from someone else's page, however, the issues become different. A web site represents someone's unique creation and is protected by copyright law.

8. I have found an interesting graphic on someone else's page. Can I take and put it on mine if I cite it?

Unless the author of the homepage granted express permission to take some or all of the graphics, you should ask permission. You may even find that the image was pirated when you saw it! You should cite the source at all times.

9. There's a cute little rotunda icon that I'd like to display on my home page. Is this OK?

Maybe, maybe not. Some icons are in the public domain (there are even web sites with icons that are in the public domain) and others may be available for use (or prohibited from use) because of licensing arrangements. Just because a rotunda icon appears on a web site doesn't necessarily mean that you can use that icon. Check with the person who designed the site where you first saw the icon to see if you can gather any more direct information.

Better yet, use the official Rotunda drawings on the Library server described below.

10. Is there a list of acceptable UVa icons?

The Communications and Publications Department of the University Library have various graphics for use on web pages housed on University servers. Additional material may be found on the Health Sciences web site.

11. I recently came across some web sites that featured a variety of music and sounds. If there is a particular sound or song I like, can I put that sound or song on my web page?

No. Because you would be making a copy of the song and the right to make copies rests exclusively with the copyright holder, you would be in violation of the copyright act if you made the copy.

12. Can I copyright the fonts I have recently developed?

Fonts are generally seen as copyright protected because they become like a computer program. Typefaces, however, are not copyright protected, although they may be protected under patent laws. This is a matter of some controversy and further legal advise is warranted if pursuing a copyright for a font.

13. How can we protect our work? We want to let people know that these are original products of UVa and that they can use them but that they must give proper credit.

When appropriate the following statement may also be used: "This document may be reproduced or reprinted for educational, noncommercial use without permission as long as the above copyright statement and source are clearly acknowledged. Neither this document nor any reproductions may be sold."

Any work that is copyright infringed and has a copyright notice precludes the defendant from claiming to be an "innocent" offender who did not realize that the work was protected.

14. Should I register my work with the copyright office?

In 99.9% of all cases we can just include the copyright statement on our work and that will be adequate. If you are still thinking about registering your work, please contact the Publications Office.

Whether you register your work or not, you can help prevent infringement and make the authorial rights clear by posting the copyright notice on the work.

15. How do I go about protecting what's on my personal homepage from being copied or shared?

Be as explicit as possible in letting all those who might see your homepage know that your work is copyrighted and that anyone wishing to copy any of your material needs your permission. Your best bet is to put a copyright statement on the first page and perhaps again on the last page of your web site

16. Can I embed a copyright notice on every page of my work?

Yes, staff in the Electronic Text Center can show you how to do this. An image format -- typically an invisible header -- allows you to put whatever message you wish on every single page.

17. What happens if a student or someone else in our department puts someone else's copyrighted work on our home page and then our site gets written up as a really cool web page?

The rule of thumb is that if any type of infringement is brought to your attention and your follow-up shows that indeed the work is protected and fair use does not apply, then it is your responsibility to correct the wrong. You must remove the copyrighted material immediately and attempt to secure the permission of the owner or find something else to put in its place.

18. How can I request permission to make a copy?

You must secure the approval of the copyright holder. Send a letter to the publisher or proprietor with all pertinent bibliographical information as well as the ISBN or ISSN for books and magazines and journals, respectively. Be sure also to state the exact pages and illustrations to be copied, the numbers of copies to be made, the Library's address, the semester and year in which the copied document will be used, and the instructor's full name.

Your requests should be specific. All requests should be accompanied by a photocopy of the pages requested and a copy of the copyright page. Allow enough lead time for the publisher to respond.

A sample letter for requesting permission is available at gopher://minerva.acc.Virginia.EDU:70/00admin/polproc/pro/ch15/15-6.

The Alderman Copy Center also will handle requests for permission to copy copyrighted material for faculty, staff, and students. For more information, call 924-3785, or email.

19. What if a publisher no longer exists or I can't find the copyright holder?

These are difficult questions and sometimes there's never going to be an answer. The Special Collections Department provides users with as much information as it has on the copyright of the documents it owns.

You can try to search the records of the Copyright Office of the Library of Congress, but you will need telnet. Good luck.

The Copyright Clearance Center acts as a right-granting and fee-collecting center for the photocopying rights for certain publications. The CCC office is 222 Rosewood Dr., Suite 910, Danvers, Massachusetts. Phone: (508) 750-8400.

If you are unable to determine copyright ownership through these channels, contact this office. However, keep in mind that just because you cannot determine ownership this does not give you the right to use the materials.

20. What about the copyright holders of memoirs, diaries, letters, etc.?

Publication of these material requires permission from the owners of the physical documents as well as the of the copyright holder (individuals, relatives, descendants, estates, trustees, etc.). As with any document, be sure to know if it is in the public domain before trying to get permission.

21. Who owns web site work done at the University?

You own your personal home page, just like undergraduate students own their own work that they create as part of a class or for an organization. You own the copyrighted material of your personal web site but not the actual computer disk space. The University restricts the use of such space to ensure the furthering of its mission. For example, commercial activities fall beyond the University's mission of education and research and should not be conducted using the state's resources.

The University owns work created as part of the job or the scope of employment. If the job requires you to set up a departmental web site or design a program to analyze a trend, such work would be considered "for-hire work" and copyright would rest with the University.

22. What is "Fair Use?"

Fair Use comprises Section 107 of the Copyright Act and is deliberately vague. The fair use doctrine allows the Library to make copies without having to obtain permission for everything. In many ways, fair use is a law of expediency.

The Library benefits from fair use privileges that grant certain exemptions to the copyright law's provision that the owner of the copyright alone can make or authorize the making of copies. The fair use doctrine was set up in recognition that free exchange of information is beneficial. In short, it ideally accommodates free speech while also protecting the compensatory interests of authors.

Fair use is a rather nebulous standard and must be evaluated on a case by case basis. In each case, four standards are applied: the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion used; and the effect of the use on the publisher's potential market.

Keep in mind that fair use standards are minimum--not maximum--guidelines.

There are many excellent resources on the Internet describing fair use. Try one of these or go to our links page to look at others:

23. A professor has 30 people in a class. Can the Library accept the professor's copy of a Newsweek article and put that article on reserve? May we put on reserve items that we do not own in our collection?

This is a fair use question. The professor does not need to secure permission from the copyright holder to copy the article for a class if the copying meets fair use stipulations. The professor should read and sign the statement on the University of Virginia Library RESERVE REQUEST (the "blue" form). It contains information about fair use and quotes from the U.Va.'s Financial Policy Manual. More detailed information about on this topic can be found on the Clemons Library Reserve Room web site at

24. How long may items be kept on reserve?

The fair use doctrine does not specify a time limit, although subsequent published guidelines and proposed legislation refers to a temporal limit. The longer items are left on reserve the more obvious it is to ask, "why hasn't permission been received?" Seek permission when you can if you continue to use articles on reserve. Items used for more than one semester should have the permission of the copyright owner.

25. I'm thinking of putting a cartoon in a new exhibition. Do I need permission?

This is a fair use question and the four guidelines for fair use should be answered before including a cartoon in an exhibition. You should request permission, however. The use may still be allowed if for some reason permission is not granted or otherwise unobtainable. Do not include the cartoon in the exhibition catalog without express permission.

No, the exemptions accorded to libraries and fair use standards would still apply. However, if the Library has entered into a license agreement then it must abide by the terms of the contract.

27. What happens to copyright when a work is under license?

Many publishers feel that Copyright isn't protective enough and have licensed their product with restrictions that go beyond the provisions of the Copyright Act. These license agreements supersede copyright. For this reason, the Library must be very careful and thorough in securing licensing terms that meet its needs. Licenses are signed most often for electronic resources. Contact the Acquisitions Department for further guidelines on the use of electronic resources and electronic versions of journals.

28. Can I make a copy of a University-licensed product and catch up on my work at home?

Highly unlikely. You must follow the provisions agreed upon in the licensing contract. While fair use allows for limited copying, the license agreement supersedes fair use provisions. To copy an entire licensed product is usually not allowed.

29. If a student secretly manages to tape a video or sound recording while he or she is in the Library, is the Library liable?

The Library is not liable for unlawful copying performed on unsupervised machines as long as a warning notice is posted near the Library's machines explaining that copying may be a violation of copyright law.

30. How accountable are we for carrying out the copyright law? If we are giving out information, can we be prosecuted?

Librarians are accountable for the information they give out and may be prosecuted in the event of copyright infringement. Willful infringements are considered serious offenses and are subject to potentially large fines. Although in rare cases University employees may be subject to legal action for copyright infringement even if they are unaware of others actions, any Library staff member who believes he or she is acting responsibly and upholding the provisions of the Copyright Act and the fair use doctrine should be exempt from prosecution or financial liability.

The University will assist in the defense of the employee if he or she followed proper University guidelines as stated in the University Financial Policy Manual. If the University's guidelines are not followed then the employee cannot depend on the University's legal support.

31. What sort of liability might the Library and Library staff members face?

Most copyright law cases are tried in civil courts and judgments impose a fine on guilty defendants. In civil suits unlike criminal cases, the presumption of your innocence is less significant. You may be forced to testify, and you stand at the mercy of the judge's interpretation.

In certain extreme cases copyright infringements fall under the felony criminal code. The University guidelines outline the kinds of judgments allowed in cases of copyright infringement.

32. How does copyright law apply in cases of international publishing?

Most nations participate in an international copyright agreement that stipulates that the copyright laws hold force on a national basis. For example, Americans would be bound by the copyright laws of Great Britain when they seek to protect their writings there or when they deal with works or documents in Great Britain. Because of differing standards, cases may arise where works which have fallen into the public domain in the United States are fully copyrighted in another country.

Although this sounds complicated, the conditions of copyright protection have been simplified somewhat by international treaties and conventions. The United States has entered into two international copyright treaties, the most recent being the Berne Convention. Signatories of the Berne Convention agree to impose certain minimum standards of copyright protection. Thus, the Berne Convention provides that works published in the United States are eligible for copyright protection in all Berne Convention member nations.

Should you want to protect your work in a particular country you will have to research the extent of protection accorded foreign works in that country. Ideally, this should be done before initial publication.

Be aware that certain countries of the world have not participated in the international agreements nor do they extend similar protection in their countries. The World Intellectual Property Organization (WIPO) web site contains information on international copyright issues. The United States is a signatory nation to the treaties described by the WIPO.

33. What is the Digital Millennium Copyright Act?

A federal act signed into law in late 1998, the Digital Millennium Copyright Act (DMCA) is meant to modify US law to be in accordance with the provisions of the Berne Treaty and the World Intellectual Property Organization. You probably will benefit from a summary of DMCA legislation, and you will need Adobe Acrobat to read this document.

For an actual copy of the DMCA, click here. For analysis and how the DMCA affects the University community, the Association of Research Libraries (ARL) has a nice site, and the American Library Association (ALA) guide is also helpful.

Contact this office if more detailed information is required, and we will try to direct you to more detailed resources.

34. Where can I find out more about copyright issues?

There are many excellent resources for additional research on copyright issues. Click here for organizations taking a particular interest in copyright. You may also contact the Acquisitions Department for information or questions concerning a particular situation regarding copyright.

35. What should I do if I have further questions about copyright issues?

Anyone with further questions regarding copyright law or University policies may contact the Acquisitions Department

This office will provide NON-LEGAL assistance in finding the answers to your questions. We are happy to help you comply with the law and University policy, and enjoy sharing an interest in copyright and Intellectual Property issues.

Compiled by Bill Irwin on November 18, 1996

Updated January 2000, by Paul Rittelmeyer