Copyright

Welcome! This guide is intended to provide an overview of American copyright, however, it does not supply legal advice nor is it intended to replace the advice of legal counsel. At HPU Libraries, we are happy to help you get started with your copyright questions, whether it is for classroom use or for your research and publications.

Copyright is a form of protection given to authors or creators of "original works of authorship," including literary, dramatic, musical, artistic, and other intellectual works.

Copyright is a bundle of rights, which allow the author or creator exclusive rights, including the right to:

• distribute your work
• make copies of your work
• perform and publicly display your work
• make derivate works

How long does copyright last?

TEACH Act, is codified at 17 U.S.C. § 110(2)

US copyright law gives teachers the right to use works for distance learning without permission under certain circumstances.

If you

• are, or are acting under direction or actual supervision of, an instructor in a class session offered by an accredited nonprofit educational institution or governmental body;
• are using the material as an integral part of a class session;
• are using the material that is directly related to and of material assistance to your teaching content; and
• are using a copy of the work that was prepared lawfully,

and the copyrighted work

• was not “produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks;” and
• will be transmitted solely to students officially enrolled in the course for which the transmission is made or officers or employees of governmental bodies as a part of their official duties or employment,

and your use is:

• performing a nondramatic literary work (e.g., reading a short story aloud);
• performing a nondramatic musical work (e.g., singing a song);
• performing a reasonable and limited amount of any other work (e.g., playing an excerpt from a movie); or
• displaying any work in an amount comparable to what would be used in a live classroom,

and your institution

• institutes a copyright policy;
• provides information about copyright to faculty, students, and relevant staff members;
• provides notice to students that materials used in connection with the course may be subject to copyright protection; and
• if the transmission is digital, applies the required technological measures,

then US copyright law permits your use.

To determine what works are considered “works for hire” here at HPU, please consult the Office of University Counsel, at 808-544-0296.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
 
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.
 
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
 
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.