True or False: Copyright Myths Exposed, Part 1
True or false: copyright law is plainly written, and use of copyrighted material is clearly defined. Unfortunately, this statement is false, and many copyright misconceptions are viewed as truth. Below, some common copyright myths are corrected—how many did you think were true?
Copyright Myth 1
As the author of a published paper, you are free to distribute your article to your students or post a copy on your Web site.
After an article’s acceptance, journal publishers typically require authors to sign a restrictive publication agreement, assigning the article’s copyright to the publisher. Depending on the agreement, this could restrict authors from legally distributing copies of their article to colleagues and students, or posting a copy to their Web site. If you have already signed a publication agreement, re-read your agreement or check with the journal publisher to clarify your rights. In the future, consider options to retain more author rights, such as including those listed in the Scholarly Publishing and Academic Resources Coalition (SPARC) Author Addendum <www.arl.org/sparc/author/index.html>.
Copyright Myth 2
For an item to be copyrighted, the author must formally register the work and a copyright notice must be displayed on it.
Copyright is automatically granted as soon as an original work is fixed in a tangible form. An "original work" is defined loosely and can include a literary work, sound recording, computer program, architectural work, etc. The tangible form can be handwritten, typed, recorded, painted, etc. Although registration of a work is not necessary, it can be helpful if a lawsuit ensues. Furthermore, as of 1989, copyrighted material does not require a © symbol or formal notice to appear on the work.
The safest practice is to assume that all material is copyrighted. The doctrine of “fair use” allows limited use of small portions of a copyrighted work for educational or other defined purposes. To seek permission to use a copyrighted work beyond fair use, contact the webmaster of an Internet site, or the publisher of printed work. To learn more about copyright and fair use, visit the U.S. Copyright Office site <www.copyright.gov/help/faq/>, the University’s guide to copyright <www.library.pitt.edu/guides/copyright/> or the Stanford University Copyright and Fair Use page <http://fairuse.stanford.edu/index.html>.
--Melissa Ratejeski
