|
Carnegie Corporation of New York Copyright Policy
A note about the copyright policy detailed below: Before completing or submitting any contract to a writer, consultant or any other freelancer who may be hired to produce any report or other written document for the Corporation, you must submit the contract to the Public Affairs Department to review for copyright issues. We suggest you make sure to have contracts initialed by the Vice President of Public Affairs or the Director of Public Affairs and Publications before proceeding with contracts involving copyright clauses.
WHAT COPYRIGHT IS
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic and certain other intellectual works fixed in tangible form. This protection applies to both published and unpublished works. Section 106 of the Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- To reproduce the copyrighted work in copies or phonorecords
- To prepare derivative works based upon the copyrighted work
- To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending
- To perform the copyrighted work publicly, in the case of literary, musical, dramatic and choreographic works, pantomimes and motion pictures and other audiovisual works
- To display the copyrighted work publicly, in the case of literary, musical, dramatic and choreographic works, pantomimes and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work
It is illegal for anyone to violate any of the rights provided by the Act to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 119 of the Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of "fair use," which allows for reproduction of copyrighted materials in certain limited circumstances, such as teaching, criticism and comment, parody, news reporting and scholarship or research. It is important to note, however, that the scope of the fair use exception is intended to be narrow, is open to interpretation, and should seldom be relied upon to provide protection for the use of copyrighted material in a publication without permission of the copyright owner, particularly in commercial contexts.
WHO CAN CLAIM COPYRIGHT
Copyright protection exists from the time a work is created (i.e., fixed in tangible form); that is, copyright ownership in a work begins as an author is in the process of creating it. The copyright in the work of authorship immediately becomes the property of the author who created it. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is presumptively considered the author. Section 101 of the copyright statute defines a "work made for hire" as:
- A work prepared by an employee within the scope of his or her employment ("Authorship Agreement"), or
- A work specially ordered or commissioned for use as a contribution to a collective work, as part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
It should be noted that Section 101 (2), reproduced above, is limited to works commissioned under the nine categories listed. Works commissioned that do not fall within any of those nine categories cannot be considered works made for hire.
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work and vests initially with the owner of the contribution, unless an assignment of copyright is made (see "Assignment of Copyright").
CARNEGIE CORPORATION OF NEW YORK COPYRIGHT POLICY
It is the policy of Carnegie Corporation of New York to comply with federal copyright laws in order to protect the integrity of our publications, reports, products and materials, and to encourage and assist the diffusion and dissemination of knowledge inherent in these materials while also respecting the rights and integrity of other copyright holders. Consequently, the Corporation's copyright policy is as follows:
- To protect and enforce the Corporation's copyrights in all proper areas including print materials, audiovisual works and electronic media such as web pages and electronic publications.
- To liberally grant permission to others to reprint, use, adapt and disseminate copyrighted Carnegie Corporation materials for purposes consistent with the Corporation's goals.
- To require Corporation staff and agents to comply with copyright laws with respect to the works of others by seeking and obtaining permissions and releases necessary to avoid copyright infringement.
As part of this policy, assertion of copyright will affect works created by staff members as part of their employment or assigned duties: copyright in these works will be owned by Carnegie Corporation of New York (see "Authorship Agreement"). Copyright ownership will also be sought in works for hire created by freelance writers, consultants, artists, designers, photographers, researchers and others as outlined in the "Assignment of Copyright" clause below.
1. Asserting Copyright
Copyright for eligible works begins at their creating and is not dependent on any requirements of notice or registration. However, to avoid confusion about ownership, Carnegie Corporation will include a notice of copyright on all print, electronic, audiovisual and other materials, whenever feasible. The form of the notice should be:
(c) (or Copyright) Year, Carnegie Corporation of New York
Including this notice will benefit potential permission seekers, as it will clarify the owner of the material and encourage contact with the Corporation to seek permission to reproduce, adapt, use or disseminate the material.
2. Assignment of Copyright
Because copyright attaches at creation, copyright ownership vests in the creators of an original work, even if the work is paid for by another individual or organization, except as provided by the work-for-hire provisions. Therefore, freelance contractors should be required to formally assign the copyright in work being done for the Corporation to Carnegie Corporation of New York. The assignment of copyright must be contained in a written contract that specifically references the intellectual property being transferred and details how much the contractor is being paid and provides specifics about the project to be undertaken. This is particularly important because the Corporation may want to disseminate works it has contracted for through its web site and other electronic means; obtaining copyright ownership will allow the organization to do so without having to obtain separate permission from a contractor to publish his/her work both in print and online.
Here is the copyright clause that should be included in all consultant contracts:
It is understood that the Work that is the subject of this agreement shall be owned by Carnegie Corporation of New York, and all rights in such Work, including copyrights and all other intellectual property rights, shall be the sole property of Carnegie Corporation of New York, and this agreement constitutes an assignment of all such rights. This assignment encompasses, without limitation, copyrights and renewals thereof in all countries of the world. Copyright ownership includes the sole right to exploit the Work in all media, including, without limitation, all current and future electronic media. It is also understood that any subcontractors hired by you will be advised of and abide by this agreement, unless other arrangements are made in writing, and that you will be responsible for their adherence to the terms of this agreement.
3. Granting Permission
In keeping with Carnegie Corporation's mission of "advancing and diffusing" knowledge and understanding, permission will be liberally granted to organizations or individuals wishing to employ the Corporation's copyrighted works in ways that contribute to our national life and welfare and/or contribute to a dialogue about issues of concern to the Corporation. Terms of permission must include crediting Carnegie Corporation of New York as the source of the material.
4. Seeking Permission
All Corporation staff members or their agents should obtain permission and/or releases before using, reproducing, adapting or disseminating or in any other way borrowing from a copyrighted work. Permission should be obtained for the use not only of print material but also copyrighted electronic documents obtained from a web site or through e-mail. A record should be kept of permissions requested and granted or denied.
|
