What should I know about how copyright and plagiarism relate?
Q – How is copyright related to plagiarism?
Plagiarism is best defined as the unacknowledged use of another person’s work. It is an ethical issue involving a claim of credit for work that the claimant did not create. One can plagiarize someone [...]
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How do I manage the copyright in my own work?
Q – What do I have to do to get a copyright?
You do not need to do anything to have copyright protection in your original work; since 1989, copyright has been automatic, taking affect as soon as original work is fixed in tangible form. [...]
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How can I deal with DRM protected material?
Q – First things first; what is DRM?
DRM, which stands for Digital Rights Management, refers to any of a number of systems that are used by producers of digital content to prevent or inhibit copying and distribution by consumers of the content they [...]
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Q – Students in my language class are doing performances of plays and recitals of poetry that are being recorded. May I place these recordings where students in the class can watch them repeatedly to help reinforce the learning? Can I put them on the open Web to showcase my students’ talent?
This is a [...]
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Q – Since I am allowed to show a video in class to my students, can I also put a digital version of that same film into my course Blackboard site where enrolled students can watch at their convenience?
The two situations really are not the same. Digitizing a film makes an additional copy of [...]
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Q – Are there rules about what articles and other text I can scan myself and make available to students using my Blackboard course management website?
Yes. Every use of copyrighted material in a course management website should be evaluated as a fair use. When a fair use analysis does not support the use, [...]
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Q – I have two journal articles that I want every student in my class to read. May I make enough copies for everyone and hand them out? What about putting them in the Library’s e-Reserves system? The Library subscribes to both of the journals from which the articles are taken.
Both of the suggested [...]
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Q. I am writing an encyclopedia article and want to cull some facts from earlier articles on the topic. I will also quote a couple of passages from the same sources. Is there a copyright problem?
Facts are not protected by copyright law. The date or the place of my birth, for example, are facts [...]
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There are three exceptions to the exclusive rights in copyright that help serve educational needs:
Face-to-face teaching – Section 110(1)
Allows performance or display of protected material in a face-to-face teaching setting.
Must be in a classroom and at a non-profit educational institution.
Does NOT allow copying. This is an exception to the exclusive [...]
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Policy on Electronic Course Content
For help deciding whether course content in Blackboard or some other digital form is fair use or requires copyright permission, consult this policy document adopted by the Academic Council in February 2008.
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Recommended Readings- A State Law Approach to Preserving Fair Use in Academic Libraries"By David R. Hansen" Posted by klsmith to myblog contracts copyright on Thu Sep 15 2011 […]
- Canada's Orphan Works Regime: Unlocatable Copyright Owners and the Copyright Board"Article by Jeremy De Beers and Mario Bouchard form the Oxford University Commonwealth Law Journal, Winter 2010" Posted by klsmith to myblog "orphan works" Canada copyright on Thu Sep 15 2011 […]
- Print or Perish: Authors' attitudes towards electronic-only publication of law journals"Duke Law Librarian Dick Danner and colleagues report on a study about how authors feel if their articles (in law journals) were no longer available on paper" Posted by klsmith to digital publication myblog on Mon Aug 08 2011 […]
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- A State Law Approach to Preserving Fair Use in Academic Libraries


As Duke University’s first Scholarly Communications Officer, Kevin Smith’s principal role is to teach and advise faculty, administrators and students about copyright, intellectual property licensing and scholarly publishing.
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