Can i reference copyrighted material




















Commonly, a book citation includes the book title, author, publisher, edition and year of publication. A magazine citation would show the article title, magazine title, author, publication date, volume number and page s. To cite a journal article, include the article title, journal title, author, publication date, volume and issue numbers and page s. Diane Stevens' professional experience started in with a computer programming position.

Beginning in , running her own business gave her extensive experience in personal and business finance. Her writing appears on Orbitz's Travel Blog and other websites. How to Acknowledge a Copyright Statement. Share on Facebook. Citation is a cure for plagiarism, which is a different, but related, problem from copyright infringement. It is possible to plagiarize a work even if it is not protected by copyright; one can plagiarize from Adam Smith, who died in , as easily as from Milton Friedman, who died last year.

You will need to secure permission from the copyright owner if you need to include images photographs, diagrams, maps, charts etc , video, and audio including musical scores and song lyrics created by other people in any work you publish. This also applies to theses. You must get permission if you intend to use copyrighted material in the final version of your thesis, published on White Rose eTheses Online. You may include copyrighted images and videos without permission if they are crucial to your argument and are only included in the version of your thesis that you submit for assessment.

The registered holder is unlikely to consider an extract from a registered trademark to be insubstantial. UK copyright law does not apply to data, as merely collecting together numbers, images, and other measurements is not considered a creative process.

Tables are protected by copyright as literary works, however, as arranging data in a table is seen as a creative process. If some level of originality has been used in the selection or arrangement of content, a database will be protected by copyright. If the creators of a database can prove they have made a substantial investment to obtain and verify content, a database will be protected by database rights.

Research data is likely to fall into this category. Properly citing the work you are copying does not avoid liability for infringement. When do copyrights expire, and how can I determine if an old work is still covered by copyright?

The answer is somewhat complicated, largely because the rules governing the copyright term have been amended a number of times. The term of United States copyright protection will depend upon when the work was created, whether it is unpublished or published, and when it was first published. For works created in or thereafter, the copyright term commences upon creation.

For most works, the term continues for the life of the author plus 70 years. For pseudonymous and anonymous works, and works made for hire, the term continues until 95 years from first publication or years from creation, whichever expires first. Works that were created before but remained unpublished on January 1, have the same term as works created in or thereafter, as described above, with one exception.

The exception is that the copyright term of any such work that was published before the end of will not expire before the end of Before the current Copyright Act became effective in , publication of a work in the United States with a proper copyright notice conferred statutory copyright and commenced the copyright term. Publication of the work in the United States without a proper copyright notice placed the work in the public domain, with narrow exceptions.

The same general rule continued, with somewhat broader exceptions, until March 1, Hence, for works published in the United States before or, with more exceptions, before March 1, , if there is no copyright notice, the work may well be in the public domain. Be particularly careful with works of foreign origin. Special rules have restored copyright in some foreign works published in this country without proper notice.

Works that were created before and published with a proper copyright notice before are now in the public domain. Works published with a proper copyright notice from through had an initial copyright term of 28 years, which could be renewed for a second term that now extends 67 years, for a total of 95 years.

For these works, a renewal filing with the Copyright Office near the end of the first term was necessary to secure the second term; if a timely filing was not made, the work fell into the public domain at the end of the first term.

To determine whether the copyright was renewed, you can check with the Copyright Office in Washington , or www. Alternatively, you can find some, but not all, Copyright Office renewal records online, either at the Copyright Office website www.

Works published with a proper copyright notice from through also had an initial term of 28 years, with a renewal term of 67 years, for a total of 95 years, but the renewal term vested or will vest automatically at the end of the first term without any filing. Footnote 1 of the Hirtle document contains references to a number of other useful resources. Note that one work may incorporate or be based upon an earlier work.

For example, with appropriate permission, a motion picture may be based on a novel, or a book may include a photograph. The copyrights remain separate. Hence, the copyright term of the earlier work is not extended by the use of that work in the later work. But the copyright notice on the later work may pertain only to the later work, which can lead to confusion about the copyright status of the earlier work.

Sometimes a work that has fallen into the public domain is published with new commentary, notes or the like. The public domain work may be copied by others, but not the new matter, which is protected by copyright.

The discussion above concerns copyright term in the United States. The copyright term in foreign countries often varies from that in the U. This is true for works created in this country by U. If you are reproducing, publishing, distributing or displaying a work in a foreign country, you will need to investigate the copyright term in that country, a subject beyond the scope of this guide. The copyright lasts for a term of years see above , regardless of whether the work is still in print.

How do I get permission to reproduce or disseminate someone else's copyrighted work? Find the copyright owner and ask. There are no special forms that must be used, and permission can be oral or written, though it is good practice to obtain permission in writing. The copyright owner is free to charge whatever fee he or she wishes, though the user is likewise free to try to negotiate a lower fee. Most major publishers and periodicals have a "permissions desk" or a "rights editor," and a written request addressed in this way will usually find its way to the right person.

You should specify the publication you wish to take from; the precise pages, chapters, photographs or the like you want to use; how many copies you want to make; and the purpose of your use for example, "as a handout in an undergraduate course in economics at Harvard College".

Many permissions desks accept requests by e-mail or through the publisher's website. You can make as many copies as you like, without advance permission, from certain academic and scholarly journals now enrolled with the Copyright Clearance Center, a private clearing house ; www.

After you copy, you remit the prescribed per-copy fee to the CCC. If a publication is enrolled with the CCC, its masthead will usually provide the necessary information. The CCC rules for course packs may differ; check with them for current information. Because the electronic environment presents us with new media, and even calls into question the concept of works "fixed" in a "tangible medium," a great many questions challenge the conventions of copyright doctrine.

Congress and the courts are struggling to keep up with new technology, and the opinions of scholars and commentators on how the law should cope with these new changes are in lively conflict.

Nonetheless, certain principles endure. The first and most important is that there is copyright law in cyberspace. A work that is available electronically—even if it is available only electronically—is as eligible for copyright protection as a work in any other medium. Thus, the fact that you can download text or graphics does not mean that the material is not copyrighted.

And the ability to download a copyrighted work does not mean that you are free to disseminate that work to others, either electronically or in hard copy. Those who put their work on the Internet and wish to control its use should use the copyright designation, just as they would do in print or any other medium.

You should abide by the following principles when you access a database or other electronic source of information from your own computer.

If you create a website and wish to post copyrighted material on it, you must obtain the permission of the copyright holder, just as you would for more traditional media, unless fair use or another exemption applies. See the following section for a discussion of fair use and its application to course websites.

If you are requesting permission to post material for the use of students in a Harvard course, your request should specify that the material will be restricted for example, by password or student ID number to students enrolled in the course, and that the site will be deactivated at the conclusion of the course.

Specify the expected enrollment. This information lets the publisher know that the material will not be available to the public, and allows publishers to set fees according to the number of users. Harvard faculty and academic staff who create course web pages should consult their school's experts in this area for example, FAS Academic Technology Group , who can provide technical assistance.

The Harvard libraries license a vast number of periodicals and other copyrighted works for educational use. If material you wish to make available to students is licensed, you will be able to establish a link to the resource from a course website, or otherwise furnish students a URL, which will enable them to access the material in electronic form and print a copy for personal use. Like other aspects of digital media, the law relating to links from one website to another is not entirely settled.

Generally, however, you should not have a problem if you simply post a link to another site, even if that site contains copyrighted material. In such a case, you are not publishing the material; you are simply pointing the way to someone else's publication.

You should not, however, provide a link to a site that you have reason to know is violating copyright law—for example, a site that illicitly allows the free downloading of copyrighted software, music, or other material. You may reasonably assume that a website has the right to include the material found there, unless you have reason to know it is infringing. If the site you wish to link to specifies particular requirements or restrictions concerning linking e.

Ordinarily, sites that require users to enter a user name and password do not permit linking that would bypass that process. When you construct a link, be sure that it simply sends the user to another site. Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner.



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