{"id":135,"date":"2011-07-19T11:16:26","date_gmt":"2011-07-19T15:16:26","guid":{"rendered":"https:\/\/extension.umaine.edu\/plugged-in\/?page_id=135"},"modified":"2023-05-25T14:18:31","modified_gmt":"2023-05-25T18:18:31","slug":"copyright-and-libel-primer-for-web-and-print-publishers","status":"publish","type":"page","link":"https:\/\/extension.umaine.edu\/plugged-in\/policies-guidelines\/copyright\/copyright-and-libel-primer-for-web-and-print-publishers\/","title":{"rendered":"Copyright and Libel Primer for Web and Print Publishers"},"content":{"rendered":"

Why should I care?<\/strong><\/h3>\n

Computers and the Internet have changed everything.<\/strong> Publishing used to be limited to a select few who had sufficient resources. Now, technology has made everyone a potential publisher. Copyright law, which has always been complex, has become bewildering in an electronic environment. It has never been easier to copy or incorporate other people\u2019s work.<\/strong> It has never been easier to make yourself and the University vulnerable to a lawsuit.1<\/sup><\/p>\n

Copyright Law<\/strong><\/h3>\n

Since 1978, copyright protection occurs at the moment of creation and protects the form of expression (word, images, music) rather than the ideas or facts represented. A copyright notice or registration is not required. Lack of a copyright notice does not mean that something can be freely reproduced.2<\/sup><\/p>\n

I. Using Material from the Internet<\/strong><\/p>\n

Technology may result in a loss of control over the reproduction of materials for authors in the future. However, copyright law has not yet sufficiently addressed electronic communication. The same laws that were made for printed publications, art, music, and film now apply to material on the Internet. Words, images, page design and even HTML code are protected from the moment of creation, regardless of whether or not a copyright notice appears. The majority of information on the World Wide Web is not<\/strong> in the public domain. Theoretically, even text from e-mails and electronic bulletin boards may not<\/strong> be reproduced without permission from the author.3<\/sup><\/p>\n

Most websites list the e-mail address of a contact person, making it relatively easy to request permission to reproduce images or text.<\/p>\n

When in doubt, request permission.<\/strong><\/p>\n

II. Fair Use<\/strong><\/p>\n

Fair Use allows you to reproduce portions of someone else\u2019s work in certain situations. No single factor<\/strong> can determine Fair Use\u2014educational use alone is not enough \u2014 there is a lot of gray areas. Four factors are considered:<\/p>\n

    \n
  1. Is it educational in nature?<\/li>\n
  2. Is it not-for-profit?<\/li>\n
  3. What percent of the original is used?<\/li>\n
  4. What will the effect of your use be upon the potential market value of the work?4<\/sup><\/li>\n<\/ol>\n

    Fair Use is designed to enable people to use small amounts of the work of others for review, critique, or to support their arguments. Depending on the size of the work being copied from, it\u2019s a good idea to avoid quoting more than two paragraphs or quoting so frequently that the quoted information predominates. It is almost always outside the bounds of Fair Use to reproduce all or most of anything.5<\/sup><\/p>\n

    There ARE specific prohibitions around making multiple copies of a work to use in an educational setting<\/strong>:<\/p>\n