HIST 4350 - Narratives of World War II in the Pacific: Using Copyrighted Materials

For an overview of Copyright and Fair Use, see Chapters 11 and 12 in Teaching & Learning, Ohio State University Libraries. (ND). Choosing & Using Sources: A Guide to Academic Research – Open Textbook. The Ohio State University. Retrieved from https://ohiostate.pressbooks.pub/choosingsources/

Before the 1980s a creator had to actively register their work as copyrighted in order to protect the use of their work by others. If the creator did not register the copyright and renew it after a certain amount of time, the work became part of the public domain. Today all creative works are copyrighted from the moment their expression is fixed in a tangible form. You must consider this copyright when you reuse creative works.

As scholars you have need to use creative works in your scholarship. This includes studying these works and including them in the products of your scholarship. There are several ways to make use of copyrighted works without infringing on a creator's copyright.

1. Get permission or a license to use copyrighted work.
   • If the work is copyrighted, you must seek a license or permission from the creator or current copyright holder before using the work.
     Introduction to the Permissions Process: https://fairuse.stanford.edu/overview/introduction/
      
2. Find works that are free to use.
   • ​Public Domain
     • If the work is in the public domain - all uses are permitted.
     • See the Cornell Public Domain Chart: https://copyright.cornell.edu/publicdomain
   • Creative Commons
     • ​If the work has been released under a Creative Commons License, you can use the work following the restrictions of that license.
     • https://creativecommons.org/licenses/
       
       
3. Fair Use exemption
   • ​Certain uses are exempt from copyright protections. Use the four factor assessment to see if your use qualifies as a fair use. More information of fair use is provided below.
      
4. Linking or Embedding
   • If you link to or embed copyrighted content in your work, you are not infringing on the creator's copyright. This only pertains to web pages.

Caveat: If there is a contract or license governing use of material, contract law trumps copyright law. Follow the restrictions of the license when using material from a licensed product like a library database.

See Also

For assistance in your assessment and use of copyrighted materials, see:

• Copyright.gov FAQ "Can I Use Someone Else's Work? Can Someone Else Use Mine?": https://www.copyright.gov/help/faq/faq-fairuse.htm,
• Tools and Charts: Stanford Copyright and Fair Use Center website: https://fairuse.stanford.edu/charts-and-tools/

For an introduction to Fair Use, see Crews , K.D. (n.d.). Fair Use. https://copyright.columbia.edu/basics/fair-use.html

Tips for Fair Use

• Act with good intentions.
• Use the checklist to determine if your use is fair based on the four factors of fair use.
  • https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html
• Follow a guide
  • Association of Research Libraries. (2012). Code of Best Practices in Fair Use for Academic and Research Libraries. https://www.arl.org/storage/documents/publications/code-of-best-practices-fair-use.pdf
  • Visual Resources Association. (2013). Statement on the Fair use of Images for Teaching, Research, and Study. http://vraweb.org/wp-content/uploads/2011/01/VRA_FairUse_Statement_Pages_Links.pdf
  • The International Communication Association. (2010). Code of Best Practices in Fair Use for Scholarly Research in Communication. http://cmsimpact.org/code/code-best-practices-fair-use-scholarly-research-communication/
• Attribution
  • Cite your source!

Surfing with purpose: Online collections as exhibit resources (Part 1 and 2)

http://ncph.org/history-at-work/surfing-with-purpose-part-1/

http://ncph.org/history-at-work/surfing-with-purpose-part-ii/

How does copyright impact the work of an historian? This two part blog post recounts one public historians use of copyrighted material in online exhibits. Written by Theresa Koenigsknecht, Exhibitions Researcher at the Indiana Historical Society.

• TAMU-CC Repository - Bell Library Digital Collections: https://tamucc-ir.tdl.org/handle/1969.6/523
• portal to texas history: https://texashistory.unt.edu/
• Smithsonian Digital Collections: https://library.si.edu/collections
• Library of Congress Digital Collections: https://www.loc.gov/collections/?c=160
• SMU: https://www.smu.edu/libraries/digitalcollections
• Open access art works from the public domain via the MET: https://www.metmuseum.org/art/collection/search#!?searchField=All&showOnly=openAccess&sortBy=relevance&offset=0&pageSize=0
• 250+ Killer Digital Libraries and Archives, OERDB: https://oedb.org/ilibrarian/250-plus-killer-digital-libraries-and-archives/