It is not considered to be
copyright infringementfor a library or archive to
make one copy of a phonorecord. Protection extends down to the library or
archive’s employees. The reproduction of the phonorecord must not be for
commercial gain, directly or indirectly. To not infringe on copyright rights of
a creator, a library or archive that creates a copy of a work must open that
work to the public as well as anyone performing research in a field related to
the copied work. A notice that the work is copyrighted must be included on the
original and the copy of the work. The copy must clearly state that the work is
copyrighted and may not be illegally used or copied for financial gain.
If the original phonorecord is
lost, damaged, or stolen the library must attempt to purchase another original
copy. This is to ensure the creator is receiving their exclusive rights of
ownership. An exception may be made if an original copy cannot be obtained at a
reasonable price. The copies made into digital format cannot exist outside of
Copyright Exceptions for the Disabled
Copyright exceptions may be made concerning the reproduction of copyrighted
material to be viewed by the blind or other people living with disabilities.
The reproduction of copyrighted material must be performed by an authorized
entity. The authorized entity will have the right to produce and distribute the
altered copyrighted material to be viewed by those with disabilities.
Phonorecords or literary works that are to be distributed to the disabled must
Not reproduced or distributed in a format that is not
specially made to be enjoyed by a disabled person;
There must be a notice that any further reproduction or
distribution of the material in anything other than the specialized format is
not a copyright exception; and
There must be notice of copyright which includes the
copyright owner and the original date of publication.
These copyright exceptions do not apply to computer programs, norm-related
referenced tests, or other testing material except for the
portions of those things that use conventional human language.
Print instructional materials that are to be used in elementary or secondary
schools may be altered to be used by disabled children if:
The inclusion of said materials are required by the State or local educational agency;
The publisher already had the right to publish print
instructional materials; and
The publisher uses their right to reproduce material
solely for the purpose of serving disabled children.
Accepted Specialized Formats
Formats that are accepted as alterations to an original work are considered
copyright exceptions if they consist of:
The English were the first to use copyright. Rights for
copyrighted material were given by the British Parliament by the Copyright Act
in 1709. Since then, many copyright conventions have been held and treaties
were created to determine how rights and ownership for copyrighted material
would be determined. After many years and debate, the strongest and most
recognized copyright laws are the World Intellectual Property Organization
(WIPO). The WIPO evolved from the Berne Convention which took place in 1886 in
to the author and creator of a copyrighted original work.
Once something is created in a tangible form, that creation has a copyright.
Rights existing under copyright law give creators of a work the exclusive
rights to that work. Works that can be copyrighted include:
or sound recordings
sculptures and graphics
and choreographic works
pictures and other audiovisual works
works are all considered the property of their creator. While they are not
properties like a house and car are someone’s property, they can be just as or
even more important than those properties to their creator. Once one of those
works are put into a tangible medium, they are the property and copyrighted
material of their creator or author. No copyright applications or forms need to
be filled out to obtain a copyright.
past forms or a notice of copyright was needed, but that is no longer the case.
Creation and the ability to see or hear the work in its complete form is all
that is needed to own the exclusive rights and reap the benefits of whatever
may come about from being the creator and exclusive rights owner of an original
Copyrights fall under the term “Intellectual Property”. A person in
possession of intellectual property is entitled to the financial benefits that
come with being the owner of such a property. Owning intellectual property does
not allow anyone except the creator of the property to profit off the property
without the consent of the creator. It is also against the law to use
intellectual property in a way that would prevent the creator from profiting
off their work.
To use a copyrighted material in a way that would infringe upon a copyright
owner’s rights is known as copyright infringement.
Copyright infringement can include selling copyrighted material, producing or
distributing material and altering copyrighted material.
of an original piece of visual art is entitled to claim the exclusive rights of
ownership of that work and not have their name associated with any piece of
visual art they did not create. Any mutilation or modification that brings down
the value or integrity of a piece of original art will no longer be associated
with the original creator of that piece of visual art. This is to prevent false
attribution from bringing down the honor or reputation of an artist.
modification of a piece of art can legally take place without attribution given
to the original creator of art if it occurs by means of time passing or the
natural deterioration of the materials takes place. Modifications to repair the
art are not considered mutilations and are not illegal. Usage of lighting that
may slightly change the appearance of a work of art is also not considered to
be mutilating or altering an original work.
Exclusive rights given to creators of art last for
the duration of their lives. If there is more than one creator, the exclusive
rights last until the last remaining creator’s death. There may be no transfer
of rights if an creator chose to do so. However, an creator can make a claim to
waive all of their rights to a piece of art.
To no longer
accept attribution for a piece of art, an instrument must be signed and
information regarding the art must be detailed in the written statement. The
art must be clearly identified and the expression to give up attribution must
be inserted. A work of art that has more than one creator and is given up by
one creator is then given up by all creators.
A waiver of
rights does not allow for a transfer of rights to another person. Even the
transfer of copyright ownership does not grant the new owner any of the
original rights afforded to the original creator. Also, copies of a piece of
art do not grant any exclusive rights ownership to an owner of a copied piece