The following information is from the Alamo Colleges: Office of Legal Services-October 2010 "Copyright FAQs and Fair Use"
1) Is it true that if there is no copyright symbol on a work that it’s part of the public domain and free to use how I wish?
Answer:
No. Copyright protection is automatic and does not require that the work be registered with the Copyright Office or carry the copyright symbol. Generally, all work created after January 1, 1978 is protected by copyright at creation, through the author’s life and 70 years after the author’s death and it isn’t until that time that the work enters the "public domain." The copyright symbol - © - and accompanying copyright owner information – is required when using copyrighted works. If you copy a portion of an article for your class, you must give author/copyright owner credit on the copy, for example:
© Tales of Copyright, Jane Smith 1993.
2) I heard that government documents are part of the public domain. Is that correct?
Answer:
Federal Government documents are generally considered "public domain," except in the event of contracted works which indicate copyright ownership. Remember, "Public Domain" refers only to copyright status and generally means intellectual property that is not owned by anyone, someone does not have authority over it, it is ineligible for copyright or its copyright protection has expired. Public Domain does not mean that the work is presented in public therefore not protected. Examples: Laws, United States Government documents, previously copyrighted works which have expired or were not renewed, works freely distributed with no restrictions on use, and works published prior to 1900. In any event, research should be done on copyright owner, authors and protection. (17 U.S.C.A. §105)
3) I’m assuming that if a work is out of print/publication, then I am free to make copies of the original. Is this a good assumption?
Answer:
Generally, print and/or publication are not conditions of use of copyrighted materials however they can affect Fair Use evaluation. The author or copyright owner still retains rights to the work regardless of whether it is being published and the Fair Use Checklist should be used to evaluate the work.
4) I want to use the Nike® Swoosh symbol as a link to health resources on my portal page. Am I covered by educational fair use?
Answer:
No, Fair Use applies only to Copyrighted materials. There is a difference between Copyright and Trademark but both afford the owners exclusive rights. Use of a trademark, such as one belonging to Nike®, without permission or a release from the owner to do so would improperly infer that Nike® approves, condones, or endorses the resources attached to the link.
5) I often use student works in presentations and publications. I’m assuming I can use these freely as I have assigned the work and students have given me permission verbally. Is this adequate? Who owns the copyright?
Answer:
As authors, the students own the work and copyright. Even though the work was done at the direction of the instructor and by virtue of the student’s attendance at one of our colleges, the student created the work and thus is the author. Upon creation, copyright belongs to the author of the work except in situations where work is commissioned as part of employment. (17 U.S.C.A. § 201) Use of student work should be done with their written permission and should describe how the work is to be used, for how long, and any other terms and conditions. This agreement is a release to use the work, not a transfer of copyright ownership. Authors can transfer copyright ownership but they still retain rights as authors separate from the rights of a copyright owner which can be waived, but only by written agreement (17 U.S.C.A. § 601).
6) A student has asked me if they can copy images from the web and use them in a presentation that will not be posted online. Is this considered fair use?
Answer:
Fair Use applies to students as well and they should use the Fair Use Checklist to assist in evaluating content they want to use in a class presentation. It should be reiterated to the student that they must adhere to the Student Code of Conduct and Alamo Colleges policies which prohibit violations of copyright.
7) What do I do if I can’t find a copyright owner to seek permission?
Answer:
There are resources to locate copyright owners, such as the Library of Congress and Copyright Clearinghouse (see Links section). Generally, it is not advisable to use materials that require permission if you cannot locate the copyright owner. Use the Fair Use Checklist to determine if the criterion favoring fair use far outweighs the inability to locate the copyright holder.
8) If I hyperlink to another site on our page, do I have to seek permission?
Answer:
Electronic materials such as websites, online documents, photographs and electronic databases are subject to the same copyright protection as traditional print materials. Each linked site should be evaluated for Fair Use and to determine whether permission for use is restricted. An additional consideration is that you do not control the content on the linked site and cannot verify whether or not it has been legally obtained or subject to its own copyright infringement. Links should be considered with an abundance of caution as this area of the law is not well settled.