Copyright is the form of protection provided by the laws of the United States (cf. Title 17, U.S. Code, Sections 101-1001) to creators of original literal, musical, and other intellectual works. It includes all works containing a minimum of original literary, musical or artistic expression. Copyright is defined and explained in three distinct places in federal law. Title 17, U.S. Code (U.S.C.) lists the exclusive rights of an author and limitations to these rights which allow others to use them. House Resolution (H.R.) 2233 further defines Sec. 107 U.S.C. Code of Federal Regulations (CFR) dictates regulations regarding copyright to institutions which provide photocopying.

Information in this guide is SC&A policy based upon an understanding of copyright laws. It should not be construed as a legal opinion or interpretation. Researchers should consult SC&A staff, a copyright attorney, or the Library of Congress Copyright Office for more information.

The following summarizes copyright as it pertains to authors and users of materials in Special Collections & Archives (SC&A) at George Mason University (GMU):

* Copyright exists at creation in all expressions, "fixed in a tangible medium," including literary, musical, dramatic, pictorial, graphic, motion picture, audiovisual, sound, and architectural works. (Sec. 102).

* Protection applies to published and published works of American authorship and published works of authors residing in nations whom are signitories of the "Berne Convention" as of October 31, 1988. (Sec. 104)

* Works produced by the U.S. government are not protected by copyright. (Sec. 105)

* The author or creator has "exclusive rights" to reproduce, prepare derivative works based upon, distribute, perform, and display his or her own work. (Sec. 106)

* Reproductions of portions of original works "for use in criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright." (Sec. 107)

Section 107 of H.R. 2233 sets guidelines for U.S.C. Sec. 107, "Limitations on exclusive rights: Fair Use," which allows limited reproduction of a copyrighted work without the author's permission. Fair use maintains that reproduction of portions of original works for use in criticism, comment, news reporting, teaching, scholarship, or research and not for commercial advantage or profit may not be considered infringement of copyright. SC&A may reproduce materials under "Fair Use", provided they are:

"(1) either a complete article, story, or essay of less than 2,500 words, or (2) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words." (17 U.S.C. Sec 107 H.R. 2233)

* Copyright in a work created on or after January 1, 1978 exists at its creation and lasts for fifty years after the author's death. In the case of work made for hire, copyright lasts for seventy-five years after the publication or one hundred years from the year of its creation, whichever expires first. Copyright in a work created before but not published by January 1, 1978 exists at this date and lasts for the above periods yet does not expire before December 31, 2002. (Secs. 302-303)

SC&A makes every effort to comply with copyright laws and wishes to assist researchers in understanding copyright regulations, particularly those relating reproduction (photocopying or audio/video duplication) of original works. A user must consider federal law before attempting to reproduce any of the following copyrighted holdings in SC&A:

Dissertations and Theses

Dissertations and theses by George Mason University students are protected by copyright. Reproduction and use is governed by "Fair Use" guidelines. SC&A is only permitted to photocopy 10% or less of any dissertation of thesis without written permission of its author. Persons wishing to copy more than the maximum amount allowed by law are required to obtain appropriate permission of the author and sign a statement of acknowledgement of SC&A Copyright Policy.

Books, Manuscripts, and Plays

Books, manuscripts, and plays as literary works are protected by copyright; reproduction is governed by standards of Fair Use.

Sound Recordings and Audio-Visual Materials

Recordings, both sound and video, are protected by copyright. Permission of the copyright holder is required for duplication.

Architectural Drawings, Artwork, and Maps

These materials are protected by copyright. Permission of the copyright holder is required for duplication.

Photographs

Photographs are protected by copyright. Permission of the copyright holder is required for reproduction. SC&A holds copyrights to many of the photographs in its collections.

Music

Sheet music, manuscripts, and books are protected by copyright.

Notice Warning Concerning Copyright Restrictions

The following applies to duplication of SC&A holdings and all other forms of copyrightable materials, as stated:

"The copyright law of the United States (Title 17, U.S.C.) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocoy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be used for any purpose ither than private study, scholarship or research. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of fair use, that user may be liable for copyright infringement. This institution rereserves the right to refuse a copying order if, in its judgement, fulfillment of the order would involve violation of copyright law." (37 CFR, Sec. 201.14)

SC&A acts for GMU in cases where copyright of donated materials in SC&A have been transferred to GMU.

For additional information:

Goldstein, Paul. Copyright's Highway: From Gutenberg to the Celestial Jukebox. New York: Hill and Wang, 1994.

Gorman, Robert A. and Jane C. Ginnsberg. Copyright for the Nineties. Charlottesville: Michie, 1989.

Reed, Mary Hutchings. The Copyright Primer for Librarians and Educators. Chicago: American Library Association, 1987.

The Library of Congress, United States Copyright Office. Copyright Law of the United States of America(Circular 92). Washington, D.C.: Library of Congress, 1993.

Special Collections & Archives (SC&A) preserves and makes available to all students, faculty, and researchers many kinds of original and scholarly materials. Subject areas in SC&A include Northern Virginiana, Planned Communities, Congressional Papers, Performing Arts, Maps, the Civil War, and George Mason University. Formats in SC&A include manuscripts, rare books, playbills, musical scores, audio and videotapes, architectural drawings, photographs, and slides. E-Mail SC&A