" The Copyright Act protects all original works from the moment of their creation, regardless of whether they are published or even contain a notice of copyright (©). However, all works created by U.S. government agencies are in the public domain--that is, they are not copyrighted--and can be used without prior approval." [1]
You may use a small amount of material from copyrighted source without requesting permission (but you still must cite the source) IF your use satisfies the "fair-use criteria" as described by the Library of Congress web site.
Guidelines for Fair Use
What is fair use?
"Fair use" gives you the right to use copyrighted material without getting permission for purposes of criticism, comment, news reporting, teaching, scholarship, and research.
What must I know in order to determine if my use of the material is "fair"?
- Is the use for profit or personal gain?
- What is the nature and purpose of the work? (Is it fact, published, imaginative, or unpublished?)
- What is the amount used?
- What is the effect of your use on the intended market?
Guidelines for Symbols
- Use the trademark symbol (superscript TM) for words, phrases, names, or symbols identified with a company. It has no significant legal rights.
- Use ® for words, phrases, names, or symbols registered with the U.S. Patent and Trademark office; using ® offers more legal protection.
- Use the trademarked item as an adjective, not a noun or verb.
Example: We use xerox® photocopies.
not Xerox® this.
Things to Remember
- Even though you do not have to obtain permission for works created by government agencies, you still have to document your source.
- "Both published and unpublished works in any tangible medium of expression are protected by copyright and may be registered with the Office of Copyright. Whether it is registered or not, copyright protects only the expression of an idea, not the idea itself." [2]
To Obtain Copyright Permission [2]
Write directly to the copyright owner or agency for permission to use the work. You will need specific information in writing, and this process may take months, so allow enough time for you to receive copyright permission as soon as you know you will need it. In requesting permission to use another's work, clearly identify the following:
- Author,Title, Date of publication, and Publisher
- Specific selection to be used
- the form (table, photograph, or text)a description of the content (you might want to photocopy the material you wish to use)
- pages on which the material appears in the original text
Remember to tell the agency to whom you are requesting permission how you will use the work, to whom your work will be directed (the audience), how much of the work you are using, whether your work will be published and what form it will take, and that you will give full credit to the authors in your work (and be sure to do so).
Feel free to use the sample request for copyright permission.
For More Information about Copyrights and Fair Use
Library of Congress copyright web site
