Public libraries have an interest in protecting copyright and deterring infringement. Copyright protects original creative works that are fixed in a tangible form. The author has exclusive rights over copying, distributing, publicly performing and displaying, and creating derivatives of the copyrighted work. While registration is not required, it is generally illegal to reproduce copyrighted works without permission, though exceptions exist for fair use such as education. Libraries should warn patrons against inadvertent copyright violations when using library materials.

2.  This fact sheet is intended as an
introduction to ideas and concepts only. It
should not be treated as a definitive guide,
nor should it be considered to cover every
area of concern, or be regarded as legal
advice.

3.  Public libraries have
an interest in
safeguarding the
creative works of
authors and deterring
infringement by
facilitating copyright
protection.

4.  The author has the right
to:
 Make copies the work
 Distribute copies of the
work
 Perform the work
publically
 Display the work
publically
 Make derivative works
(making modifications,
adaptations, or other new
uses of a work, or
translating the work to
another media)

5.  Copyright protects "original
works of authorship" that are
fixed in "a tangible form of
expression." Such as:
 Literary works (which includes
computer software)
 Musical works, including any
accompanying words
 Dramatic works, including any
accompanying music
 Pantomimes and choreographic
works
 Pictorial, graphic, and sculptural
works
 Motion pictures and other
audiovisual works
 Sound recordings and
 Architectural works.

6.  Beyond creating a
copyrightable work,
an author need do
little else to gain
copyright protection.
 Neither publication,
nor registration with
the Copyright Office,
is required today to
secure copyright.

7.  Generally, it is illegal
for anyone to
reproduce copyrighted
work without the
permission of the
author, but there are
some a few
exceptions, the major
one being “Fair Use”.

8.  The “Fair Use” doctrine allows
limited copying of copyrighted
works for educational and
research purposes.
 The use must be for an
educational/non-commercial
purpose
 The nature of the copyrighted
work: the more factual and less
creative the work, the more likely
it will be fair use;
 The amount and substantiality of
the portion used in relation to the
copyrighted work as a whole: the
more taken the less likely to be
fair use; and
 The use should not effect the
market value of the work.

9.  Not everything is
protected by copyright
law. The following are
categories of things not
protected:
 Ideas, procedures, methods,
systems, processes, concepts,
principles, discoveries, or
devices, (but written or recorded
descriptions, explanations, or
illustrations of such things are
protected copyright)
 Titles, names, short phrases, and
slogans;

10.  Works that are not fixed in a
tangible form of expression,
such as an improvised speech
or performance that is not
written down or otherwise
recorded
 Works consisting entirely of
information that is commonly
available and contains no
originality (for example,
standard calendars, standard
measures and rulers, lists or
tables compiled from public
documents or other common
sources)
 Works by the government.

11.  Patrons of libraries can “check-out”
books, DVD, CDs and other media
items including digital audio books.
 It is important to warn the public
against the tendency to
inadvertently violate the copyright
interests of the creator of the work.
 Making copies of protected work
may be in violation of the federal
copyright regulations, even if the
items are received from a public
library!

12.  Copyrighting creative works has
actually turned into big business.
 Just think of all of your favorite
books, songs, movies, plays, and
artworks. The individuals
responsible for creating them
deserve to make a living from their
creative .That's what copyright is
all about.
 Copyright protection reflects our
appreciation for all the hard work
that goes into creating "original
works of authorship“.

13.  Ripping a copy of a
CD to their computer
hard-drive.
 Scanning pictures and
using them on the
internet.
 Copying a book and
distributing them.

14.  Place a copyright
warning label on all
electronic items.
 Provide patrons with
written materials
explaining copyright
protection.

15.  It is important to
advise patrons that
they need to seek
permission from the
creator of a work that
they intend to copy
and use.

16.  Here is basic warning label
language you could use:
“The copyright law of the United
States (Title 17, United States Code)
governs the making of photocopies or
other reproductions of copyrighted
material. Under certain conditions
specified in the law, libraries and
archives are authorized to furnish a
photocopy or other reproduction. One
of these specified conditions is that
the photocopy or reproduction is not
to be "used for any purpose other
than private study, scholarship, or
research." If a user makes a request
for, or later uses, a photocopy or
reproduction for purposes in excess
of "fair use," that user may be liable
for copyright infringement."

17. Contact the AMD Law
Group at
www.amdlawgroup.com
or (347)699-4AMD (4263)

18. An AMD Law Group Presentation
www.amdlawgroup.com
(800) 605-0785