Intellectual Property in the Information Age: A Classroom Guide to Copyright

The Law of Copyright

Patents, trademarks, and copyrights are all ways of protecting original creations. When we create an original machine or process, we patent it, which means we own the rights to produce the invention: we can sell (or rent) those rights to others, and we can receive compensation for such use. When we create an original work of words or art, the same premises apply, only it's called "copyright" instead of "patent." But we still own the rights to reproduce our work, we can sell (or rent) those rights to others, and we have the right to receive compensation or recognition for such use.

Patents require formal registration; copyrights do not. An author owns his or her words the minute they are "fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device" (USPTO qtd. in Walker).

Intellectual Property Rights and Fair Use

Copyrighted material may be included in other works, without prior permission or payment of royalties, under the doctrine known as Fair Use, which says,

the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. (17 USC, Sec. 107)

Whether or not a given use is protected by this definition is based upon the following considerations:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.
(17 USC, Sec. 107)

Usually, this entails using no more than 10% of a work (a poem, paper, or other document) and giving proper credit to the author or artist. There are various methods to give such credit, depending on what sources you use and what form your use takes. For example, in academic papers, you will usually use the MLA, APA, or ACW styles for citing the source of your words and ideas. Using someone else's form of expression without permission, however, is a serious offense. This includes not only failing to cite the source of any direct quotations you may use in your paper, but also failing to give credit for ideas and paraphrasing. In school, it's called plagiarism and may be severely punished. However, even beyond penalties imposed by teachers and university regulations for plagiarism, there can be legal penalties, including fines, for use of copyrighted materials without permission, even when proper academic credit is given.

Copyright and the World Wide Web

Most school papers have remained within the relatively safe space of the classroom. Although plagiarism is considered a serious offense in the classroom, students seldom have had to worry about legal penalties for violation of copyright law. In addition, for classroom projects, certain uses of copyrighted material were allowed, so long as proper credit was given. For example, many student reports include copies of graphics and figures copied from various published sources. The World Wide Web has added further complications, however.

Even though governments around the world (including our own) have yet to decide once and for all what the laws will be regarding copyrights, fair use, and electronic sources, some guidelines have developed, based on current laws, that are important for you to understand.

Some Guidelines for the Classroom

An important note here is that the WWW is an international publishing space. As such, many of the images, texts, and other files may fall under the copyright laws of other nations, whose attitude toward ownership of intellectual property may be far different from our own. Thus, a key word in our own consideration of intellectual property should be respect, including respect for the moral and ethical as well as economic rights of authors, creators, and publishers.

© J. Walker, 1997
University of South Florida