22 April 2009

16.0 Copyright and Licensing Management/Compliance Issues

16.0 Question: What is a copyright policy?
Answer: A Copyright Policy is a written document that sets out copyright information, specifically how it applies to the use of content in your organization. It may set out basic copyright information, global copyright information, questions and answers in your organization, how to apply fair dealing/use in your organization, and the contact person for copyright in your organization. The Policy is also a great document/text for teaching copyright in your organization. (2009-1)

16.1 Question: What are some steps we can take to ensure copyright compliance in our enterprise?
Answer: Some recommendations include instituting an enterprise-wide written copyright policy (see 16.0 above); providing on-going education about copyright and licensing issues; undertaking periodic audits on computer software licenses, and posting copyright warnings/notices near photocopiers, computers and printers. (2009-3)

16.2 Question: Are all U.S. government works protected by copyright?
Answer: U.S. government works are not protected by copyright. This means that a work created by a U.S. government employee for purposes of work does not have copyright protection. However, the U.S. government may own copyright-protected works. For example, the U.S. could own a protected work by purchasing an assignment from a copyright owner. (2009-3)

16.3 Question: Can you point me to examples of copyright warnings/notices posted near photocopiers?
Answer: Both the U.S. and Canadian copyright statutes provide sample wording for libraries to include in copyright warnings/notices near photocopiers. Similar wording can be used by all organizations, and similar wording could be used near all technology where copyright-protected works may be reproduced. (2009-4)

4.0 Duration of Copyright Protection

4.1 Question: Is there a simple way to determine duration of a copyright work in the U.S.?
Answer: The duration of copyright protection in the U.S. is more complicated than in other countries due in part to the fact that the length of copyright protection in the U.S. has been amended a number of times. Helpful charts to determine whether a work is in the public domain are at: http://www.copyright.cornell.edu/public_domain/, and http://www.unc.edu/~unclng/public-d.htm. (2006-3)

4.2 Question: There is a photograph on a Web site that my organization wants to copy and paste into our Web site. There is no copyright notice on the photograph nor any information relating to copyright protection or the name of the photographer or owner of the photograph. Is the work in the public domain?
Answer: No, assume that all content on the Web is protected by copyright unless there is a statement to the opposite, or you have investigated the copyright status of the work. Even a work that does not contain a copyright symbol or other information relating to the identification of the copyright owner is presumably subject to copyright protection. (2008-1)

4.3 Question: Do all countries have the same copyright duration?
Answer: No. The Berne Convention sets out the minimum duration for copyright protection, which is currently life + 50 -- fifty years after the author's death. So most countries (including Canada) still have a life + 50 duration. However, countries are "free" to provide a longer duration and the U.S. and European Union countries now provide a life + 70 duration. Note that this is the "general rule" of copyright duration and specific works such as government works and employment works may have different durations of protection. (2009-1)

4.4 Question: What does public domain mean?
Answer: Public domain means that a work is not protected by copyright. This may occur in several situations. For example, U.S. government works (those created by the U.S. government and its employees) are in the public domain. Also, works in which copyright duration has expired are in the public domain.