digital.brarian

Tuesday, December 04, 2007

"What Do You Know About Copyright?" Survey Results and Answers

Full results of the "What do you know about copyright?" survey are available online.
Thank you to everyone who participated! Only half of respondents were comfortable with their knowledge of copyright.

Here's the answers, with where to find additional information.
Copyright Advisory Network (from ALA)
ALA Washington Office: Copyright
Copyright Code
U.S. Copyright Office
Stanford Copyright Renewal Database

1. Are you comfortable with your copyright knowledge level?
Popular answer: No, 50.4%

2. If you wanted to learn more about copyright, and copyright as it pertains to libraries, where would you look for information? Check all that apply.
Popular answers:
Books (about copyright, written for librarians) 70.0%
Websites 61.2%
Articles 56.3%
ALA 54.0%

3. How long does copyright protection last today?
Correct answer: the author's lifetime + 70 years, 80.5%
Exceptions:
(1)works made for hire (120 years from creation of the work, or 95 years from publication)
(2)U.S. government works are in the public domain
(3)Older works may be in the public domain. View a chart of public domain works.

4. In order to get a copyright, the author must publish the work.
Correct answer: False, 77.9%
Copyright begins when an original work is fixed in a tangible medium. Section 102(a)

5. In order to use someone's copyrighted work, you must get permission from them.
Correct answer: It depends...,69.9%
Several sections of copyright law afford special rights to libraries.
Section 107: Fair Use, Section 108: Library copying, Section 109(a): The first-sale doctrine, Section 109(c): Exception for public display, Section 110(1): Displays and performances in face-to-face teaching, Section 110(2): Displays and performances in distance learning, Section 117: Computer software, Section 120: Architectural works, and Section 121: Special formats for persons who are blind or have other disabilities.

6. The library can protect itself from liability when patrons use library equipment for copying by posting a notice to users that making copies may be subject to copyright law.
Popular answer: True, 73.3%
If a library qualifies under Section 108 this is true. Section 108(f)(1) Protects libraries from copyright infringements by unsupervised patrons using library reproduction equipment IF a notice is posted informing users that making copies may be subject to copyright law.

7. Do you currently work in a library?
Popular answer: Yes, 81.1%

8. Does your library have a copyright notice posted on each photocopier?
Popular answer: Yes, 57.5%

9. Does your library have a copyright notice posted on: (check all that apply)
Popular answers:
Public printers, 94.2%
Public Scanners, 26.9%
Public Computers with USB ports, 21.2%
Public Computers with CD/DVD drives, 21.2%
Public Computers with Floppy drives, 19.2%

10. Does your library use a FAIR USE checklist, which is kept on file for instances of item use deemed within the scope of fair use?
Popular answers:
No, 50.5%
I don't know, 41.4%
You can find a Fair Use checklist here.

11. Libraries can avoid liability for copyright infringement by patrons who use the library's unsupervised reproducing equipment (note: not only photocopiers...any reproducing equipment) if such equipment displays a notice that the making of a copy may be subject to copyright law.
Popular answer: True, 47.1%
If a library qualifies under Section 108 this is true. Section 108(f)(1) Protects libraries from copyright infringements by unsupervised patrons using library reproduction equipment IF a notice is posted informing users that making copies may be subject to copyright law.

12. You can pretty much be assured that if you copy a small portion of a long work, it's FAIR USE.
Popular answer: False, 62.4%
Fair use is a gray area, interpreted on a case by case basis. You can find a Fair Use checklist here.

13. Which four are listed in the law as factors to be considered when determining whether the use made of a work in any particular case is a fair use? Choose 4:
Correct answers from Section 107:
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes, 96.7%
The amount and substance of the portion used in relation to the copyrighted work as a whole, 86.2%
The effect of the use upon the potential market for or value of the copyrighted work, 77.2%
The nature of the copyrighted work, 58.5%

14. The TEACH Act extends additional permissions to schools. This applies to all libraries as well.
Popular answer: I don't know, 65.2%
Correct answer: False, 24.1%
The TEACH Act applies to governmental bodies or accredited non-profit educational institutions. Generally, accredited colleges, universities, elementary and secondary schools recognized under state law will qualify. Programs offered by federal, state or local government agencies, including public libraries may also qualify. A checklist for the TEACH Act can be found here.

15. Placing a Creative Commons license on your work is an easy way to copyright it.
Popular answer: I don't know, 58.7%
Correct answer: False, 25.0%
Creative Commons gives copyright holders an opportunity to grant limited permission for certain types of use of their work. Visit Creative Commons for details.

16. Works with a Creative Commons license are free to use for any purpose.
Popular answer: I don't know, 51.4%
Correct answer: It depends on the type of Creative Commons license, 31.2%
For details, visit the Creative Commons website for an explanation of license types.

17. Pictures on the Internet are not protected by copyright and may be used however I wish.
Correct answer: False, 94.5%
Copyright begins when an original work is fixed in a tangible medium. Section 102(a)

18. If a webpage does not display the copyright symbol (c) or a copyright notice, it is not protected by copyright.
Correct answer: False, 79.5%
Copyright begins when an original work is fixed in a tangible medium. Section 102(a) No copyright notice is required for protection.

19. Libraries may make copies of frequently requested articles to keep at the reference desk.
Correct answer: False, 57.5%
As outlined in Section 108, a library may make copies for private study, but the copy must become the property of the user.

20. Libraries may make copies of sheet music for interlibrary loan.
Correct answer: False, 42.5%
Section 108(i) lists musical works as an exception, and they may not be reproduced, except for purposes of preservation and replacement.

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1 Comments:

  • Thank you for posting this fabulous survey and for alerting your readers to the Copyright Advisory Network for copyright help. The Network is a free service with copyright experts to respond to your queries - not legal advice of course, but well-informed opinion. www.librarycopyright.net

    -carrie russell
    at ALA's Washington Office

    By Anonymous Anonymous, At 4:17 PM  

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