Information for Students

Am I committing a crime by copying this article?

As you stand in front of the photocopier, copying that important article for your research paper, you notice the posting on the wall:

"Notice: The copyright law of the United States (Title 17 U.S. Code) governs the making of photocopies of copyrighted material. The person using this equipment is liable for any infringement. Warning Concerning Copyright Restrictions The copyright law of the United States (Title 17 U.S. Code) governs the blah, blah, blah..."

Suddenly, you remember that little message on the DVD you rented the night before, you know, the FBI/Interpol warning. As you rest in your comfy chair at home, with a thunderous crash your front door is broken down. FBI agents storm into the room where you are sitting. They hand-cuff you and walk you out the door. You plead with them to tell you what is this all about. The stern looking FBI agent turns to you and says, “You copied the entire article on the “Roman Empire”, you violated the copyright, so you’re going to jail, scofflaw!”.

While the above is certainly a little extreme, that posting above the copier is there for a reason. It is to inform you that there are certain restrictions in photocopying, or copying anything, that has copyright protection. One restriction in particular comes to mind: when you are caught “infringing” someone’s copyright you can receive 5 years in federal prison and a $250,000 fine (for violating copyright for motion pictures).

What is a copyright?

OK, you’re asking, “So, just what is a copyright?” Copyright is a law that is designed to protect the ownership of creative expressions (sometimes called “works”). Examples of these creative expressions are: novels, textbooks, journal and magazine articles, movies, digital images, presentations, poems, music, pie charts, cartoons, paintings, maps, plays, boat hull designs (weird one), etc. The list goes on and on. Simply put, just about anything that is a creative expression is copyrighted.

In the broadest sense, a copyright is like a deed to a home. A deed conveys ownership of a home or property. A copyright conveys ownership of an artistic work. Copyright infringement is like trespassing across someone else’s property without their permission. One can, however, cross a property with the owner’s permission or by paying the owner a toll. Just because a copyright exists for a particular work does not prohibit you from using it in a classroom presentation or in a research paper. The doctrine of “fair use” gives certain exceptions for the use of copyrighted works. There are, however, certain guidelines one must follow in order to do so.

What material can not be copyrighted?

Certain materials generally cannot be copyrighted. These include standard calendars, height and weight charts, tape measures and rulers, schedules of events taken from common sources, and expressions consisting entirely of information from common property and containing no original authorship. Unless original subject matter is included, the following cannot be copyrighted: blank forms, account books, score cards, titles, names, slogans, and ingredient lists.