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The Copyright Laws and Fair Use This website is an attempt by the University of Iowa Libraries to bring together existing copyright and fair use statements as well as links to official University of Iowa intellectual property policies. Since there is no one policy or statement that can provide all users with a definitive answer to all copyright questions, there are also links to the Copyright Office; other university and library copyright resources for additional views, statements and policies. In those situations where an individuals must make an independent judgment it is hoped that the resources noted here will provide as much information as possible on which to base individual decisions. For legal opinions, the university's General Counsel's Office should always be consulted. In addition, where possible, we are in the process of developing common policies and guidelines to help instructors with services such as course reserve (traditional and electronic) and other methods of providing access to required course readings. This will include use of the new course management software.
In the United States , copyright is a form of protection provided by the government to the authors of “original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works.” This protection is available to both published and unpublished works, regardless of the nationality or domicile of the author. It is unlawful for anyone to violate any of the rights provided by copyright law to the owner of the copyright. However, the basic copyright law provides for a uniquely American concept--fair use. The "fair use doctrine" has been described as an "equitable rule of reason" and must always be evaluated on a case-by-case basis. Reasonable people may disagree on the applicability of a fair use defense in a given situation. Hard and fast rules unnecessarily suggest limitations where fair use may allow more freedom. University Libraries staff are expected to be informed and educated about copyright, intellectual property, and fair use, and to act in good faith in interpreting and applying related policies and procedures. Unless there is reason to believe otherwise, the University Libraries assumes that all copyrighted materials provided to the library have been lawfully acquired. Under US copyright laws, owners are granted the exclusive rights to: (1) reproduction of the work; (2) distribution of copies of the work; (3) making of “derivative” works; (4) public performance; and (5) public display. The Libraries’ authority to take any actions that potentially infringe upon these exclusive rights must come from one of the following sources: (a) the work in question is not protected by copyright (such as works in the public domain); (b) permission for the use has been granted by the copyright owner or through some other means (such as a negotiated license agreement or the Copyright Clearance Center); or (c) the use falls under one of the statutory limitations on exclusive rights, including fair use (Section 107), special permissions granted to libraries and archives (Section 108), or the educational use exemption (Section 100, as amended by the TEACH Act).
Contact InformationMain Library Course Reserve Information - Ellen Jones e-jones@uiowa.edu |
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The University of Iowa Libraries is committed to complying with all
federal, state and University policies regarding copyright and intellectual
property. At the same time, the University Libraries is dedicated to exercising its
rights to the full extent of the law. |
