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Copyright and Fair Use @ UH Manoa: Copyright Law

Information for faculty and students on copyright and fair use of materials in education.

Introduction

This guide is provided as a resource for the the faculty, staff and students of the University of Hawaii to provide basic introduction to Copyright and Fair Use and to provide guidelines for requesting and understanding streaming media at the University of Hawaii Libraries.

While copyright issues can be complex, everyone needs to understand the basics. Failure to comply with copyright law can lead to substantial legal penalties for both you and the university.

This guide also includes copyright and fair use compliance guidelines for faculty.  The Library does not offer legal advice, we present the resources you can use in decision making.

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Copyright on Campus Video by Copyright Clearance Center

Copyright Law Defined

Copyright law, as defined in Title 17 of the United States Code, protects "original works of authorship fixed in a tangible medium of expression" for a limited period. Copyright protection includes, for instance, the legal right to publish and sell literary, artistic, or musical work, and copyright protects authors, publishers and producers, and the public.  Copyright applies both to traditional media (books, records, etc.) and to digital media (electronic journals, web sites, etc.). Copyright protects the following eight categories of works:

  1. literary works
  2. musical works
  3. dramatic works
  4. pantomimes and choreographic works
  5. pictorial, graphic, and sculptural works
  6. motion pictures and other audiovisual works
  7. sound recordings
  8. architectural works

Ownership of a copyrighted work includes the right to control the use of that work. Use of such work by others during the term of the copyright requires either permission from the author or reliance on the doctrine of fair use. Failure to do one or the other will expose the user to a claim of copyright infringement for which the law provides remedies including payment of money damages to the copyright owner.

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