1. Is the work protected?

Copyright does not protect and anyone may freely use:

• Works that lack originality
  • logical, comprehensive compilations (like the phone book)
  • unoriginal reprints of public domain works
• Works in the public domain
• Freeware (not shareware, but really, expressly, available free of restrictions-ware -- this may be protected by law, but the author has chosen to make it available without any restrictions)
• US Government works
• Facts
• Ideas, processes, methods, and systems described in copyrighted works

The presence or absence of a copyright notice no longer carries the significance it once did because the law no longer requires a notice. Older works published without a notice may be in the public domain, but for works created after March 1, 1989, absence of a copyright mark does not mean that a work isn't protected by copyright.

Print full guidelines

2. Are you exercising one of the owner's exclusive rights? If so, you don't need permission

Do you own the rights to the work? If so, those rights include the right to:

1. to reproduce the copyrighted work in copies or phonorecords;
2. to prepare derivative works based upon the copyrighted work;
3. to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
4. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
5. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
6. in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

3. Does your use qualify for an exemption?

Exemptions include:

• Fair Use (four-factor fair use worksheet)
• Library's special rights--Our libraries are authorized to exercise special rights in addition to fair use. These rights are described in Section 108 of the copyright law and include:
  • archiving lost, stolen, damaged or deteriorating works
  • making copies for library patrons
  • making copies for other libraries' patrons (interlibrary loan)
• Educational performances and displays--Educational institutions and governmental agencies are authorized by a separate copyright statute to publicly display and perform others' works in the course of face-to-face teaching activities, and to a lesser degree, in digital distance education. These rights are described in Sections 110 (1) and (2), respectively, of the Copyright Act. More information about the recent expansion of Section 110(2)'s rights for digital distance education may be found in in these TEACH Act resources: UNC comparison and University of Texas TEACH resources.

*Even if all or part of a work is not protected by copyright law, it may be protected by other laws. For example, you may need to consider rights of privacy and publicity, ask permission to use a trade or service mark, or get a license to practice a patented process or system, but discussion of these rights and interests is beyond the scope of this Policy statement.

Getting Permission

If an exemption does not excuse infringement and eliminate the need to ask permission or pay fees to exercise the owner's rights, you need permission to use the work. The University of Texas site has helpful information on getting permissions.

Below you will find a variety of ways to obtain copyright permissions.

Please note that copyright permissions can be time consuming and complex. You should plan ample time to research your articles and obtain permissions.

• Utilize the on-campus copy center
• Contract directly with a clearance center
• Do your own research

Utilizing the on-site copy center (Alphagraphics)

Alphagraphics located in the basement of the Higgins University Center provides clearance through the copyright clearance center.

Alphagraphics will:

• Be available for consultation
• Contract with the clearance center
• Apply on line on your behalf for all rights
• Set-up a payment plan directly with the copyright clearance center
• Print and store course readers in the center
• Bill the students directly

In order for Alphagraphics to provide this service the following is needed.

• Title of work/name of author
• ISBN number for a book/ISSN number for a periodical
• Number of pages from the appropriate article
• Number of units you expect to use

Utilizing copyright clearance center

You may contact and contract directly with the copyright clearance center. You will need to provide the same information that you would provide to the copy center.

To contact directly:

• www.copyright.com
• Set-up an account
• Set-up a payment system
• Provide the following information:
  • Title of work/name of author
  • ISBN number for a book/ISSN number for a periodical
  • Number of pages from the appropriate article
  • Number of units you expect to use

You can contact:

• Utilize the copyright notice to get you started
• Publisher
• www.copyright.gov/records
• The authors registry (www.authorsregistry.org)