By Kellee Selden, Medical Librarian - Ascension Wisconsin
1. If written materials don’t have a copyright mark on them, then they are not copyrighted, and I can use them without asking permission or paying a copyright fee?
Answer: No – just because you don’t find a copyright mark on something doesn’t mean it hasn’t been copyrighted. 17 U.S. Code § 107. It is best to assume everything is copyrighted. A copyright lasts for the life of the author PLUS 70 years. This is true for written works that are published or unpublished. Note: there are different lengths of time for other types of materials such as recordings, movies, plays, software programs etc.
2. Can I email a PDF copy of a journal article to another person? (whether it is a friend, associate, student etc.)
Answer: No, not without getting permission. The best thing to do is email a copy of the URL to the person. Unless the document is “in the public domain.” This means that the materials aren’t protected by copyright laws. An example of documents in the public domain or U.S. Government documents. None of them have copyrights so they can be freely copied and shared.
3. Can I make TWO or more copies of articles (not in the public domain) and distribute them to others. Or email copies of an article to two or more people?
Answer: No, not unless you compensate the author or publisher for the use of the materials. (Generally, through fees) Why? A section in 17 U.S.C. § 107 states if you make multiple copies you are essentially stealing from the author. Because, every time someone buys a copy of the article, this journal or a subscription the author is compensated in some manner for their work. Would you want to be compensated for your hard work in writing/publishing an article? Absolutely.
4. But the article copies I want to use are for a lecture I am giving to a group of doctors, nurses, residents or students. Does that change anything?
Answer: Not in a hospital or clinical setting. You are still working at an institution that makes money and therefore, you can’t consider yourself a true non-profit like United Way or Salvation Army. 17 U.S.Code § 107.
5. What if an article is in the “public domain” meaning it doesn’t have a copyright on it. Can I make copies then? This can happen because the author/publisher chose not to get one OR because it is too old, and the copyright has expired.
Answer: Yes, you can make as many copies and distribute them to everyone freely without paying a fee.
6. Can I use a copyrighted image without paying a fee?
Answer: First, what is a copyrighted image? Intellectual Property images include: two and three-dimensional images such as photographs, pictures, illustrations, cartoons, designs, drawings, maps, charts, globes etc. You must ask the author’s permission to use his or her work and then credit them for the material if they have provided permission. (You may or may not have to pay a fee) Remember you can’t change their work, you must use that piece exactly as they have created it. 17 U.S. Code §107
7. Can I copy and share a chapter of a print book or ebook?
Answer: It depends. How many chapters are there in the book? You can basically make a copy of 10% or less of a book/ebook. If there are three chapters in the book, then the answer is probably no. You would be copying too much of the whole work. If the book has 27 chapters then the answer is probably yes. However, if the chapter you want to copy is over 1/3 of the book, then the answer is still probably no. The reason is that you can’t copy that much of the book. 107 U.S. Code §107.
8. May the Librarian make a copy of an article or other written material for me?
Answer: Yes. Under 17 U.S. Code §108(a) the Librarian can make ONE copy of an article or small portion of a book/ebook (10% or less) or other materials for an individual. They may not make multiple copies of materials and distribute them out under this same law. That is against copyright law because it is taking money out of the hands of the writer and/or publisher.
9. But I want multiple copies of materials to pass out at a meeting, conference or to fellow associates. It is for educational purposes. Doesn’t that make it ok?
Answer: No. Neither you or anyone else can make multiple copies. Unless you work at a true educational institution, like a college, university or other equivalent location you can’t use the educational rationale for breaking the law. You work at a hospital/clinic, the primary purpose of the business is not educational, so you can’t make multiple copies of materials and pass them out in print or electronic format.
Updated 5 January 2023.
