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This site contains general information about copyright law to assist
University of Tennessee faculty, staff, and students in understanding
this complex area of the law. It does NOT provide legal advice.
Legal advice can only be given and received in direct consultation
with counsel, based upon all facts and circumstances involved in
a specific instance. Faculty and staff who have questions about
copyright related to their University activities should contact
Alice Woody (865 974-3247) at the Office of the General Counsel
OVERVIEW
Copyright is an ever-changing and ever-challenging
area of the law. There are many areas in which the law is not clear.
The widespread use of computer and communications technologies has
added new dimensions to the production and use of copyrighted materials
in educational institutions. With each new opportunity to learn in
the electronic classroom comes the possibility of infringing some
else's copyright or having one's own copyright infringed. As Universities,
faculty members, authors, traditional publishers, and electronic publishers
develop new methods of communicating, their interests occasionally
conflict. This area of the law is presently dynamic. Various groups
are attempting to persuade Congress that copyright law should protect
their interests. These groups do not agree on the nature and extent
of this protection, however. Until they do, or until Congress takes
action to change the current laws, this remains a murky area.
The purpose of this page is to help University
of Tennessee faculty, staff, and students identify some of the basic
concepts about copyright in general and in the educational setting
in particular and to provide access to additional information. This
page does not establish a new copyright policy for the University.
UNIVERSITY OF TENNESSEE COPYRIGHT POLICIES
UNOFFICIAL GUIDELINES
The following guidelines have not been officially
adopted by the University of Tennessee. However, they are generally
regarded as a "safe harbor" for using copyrighted material in the
classroom without permission. In fact, several courts have approved
of these guidelines, especially the Guidelines for Classroom Copying,
and use them to analyze whether the use of copyrighted material without
permission would be allowed.
GUIDELINES IN USE AT OTHER UNIVERSITIES
DETERMINING THE NEED FOR PERMISSION TO USE
A WORK
OBTAINING PERMISSION TO USE A WORK
REGISTERING YOUR WORK FOR COPYRIGHT
SOURCES OF INFORMATION ON COPYRIGHT
- U.S.
Copyright Office
For copyright basics. A good introduction to what copyright is,
who can claim its protection, what is not protected by copyright,
how to comply with various formalities of registering copyrighted
materials. Information is for the general user and is not specific
to educational situations.
- Cornell
Law School
Copyright materials, without editorial comment or interpretation.
Includes copies of the Copyright Act, Regulations, court decisions,
and interpretive sources.
-
University of Texas Office of General Counsel, Intellectual Property
Section
A comprehensive accumulation of material and ideas on copyright
law, University of Texas policy, hot issues of the day, and theories
espoused by various groups. If you are not familiar with the basics
of copyright law, take the "Crash
Course".
This site is a good source for those who
understand the basics such as what copyright protects, what fair
use is, and who owns copyright. Links to a wealth of intellectual
property sites on the Web.
Stanford
- Fair Use
Primary source materials, secondary and interpretive materials,
links to other sites.
OTHER SOURCES
NON-ELECTRONIC SOURCES
- Goldstein, Paul. Copyright. 2nd edition,
Little, Brown and Co.,1996
- Nimmer, Melville B. Nimmer on copyright
/ by Melville B. Nimmer, David Nimmer. New York : M. Bender, 1978-
The classic text and very useful for understanding the basic principles.
Not as useful in the application of the principles to technology.
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