Q: In my library I frequently loan cords to hook various pieces of equipment together. I’m concerned that these are being used to make extra copies of some of our resources. I would like to attach some sort of copyright warning to the cords that I check out. Can you tell me what that wording should be?

A: There is no specific wording in the statute that specifies any particular message for this purpose. But you can certainly use the same wording that is applied to self-service photocopiers as a way to remind those who use copy-enabled equipment that they have obligations under copyright law. That warning applies to “unsupervised copying,” but what patrons are doing when they are copying media is essentially the same. Stickers having the same warning that is posted on your self-service copiers are available from library supply companies and from Affordable Alternatives (www.affordablealternativesinc.com).

LISTENING STATION MEDIA

Q: Is there a copyright problem if students read a book into a recorder so that others may listen to it in a listening center? If there is, why?

A: A recording of a work is considered a “copy.” An audio copy is actually called a “phonorecord.” According to the law, recording an entire book is exactly the same as putting the book onto the photocopier and copying the entire thing. Now, such copying is not always an infringement, such as when a student records a work for the purpose of gaining oral fluency and the copy remains with the student. Recording a work for others to use, however, is a different story. Especially when there is an audiobook version of the book available for purchase, a homemade copy replaces a purchased copy. Of course, there may be some exemptions for copies made for students whose physical disabilities prevent them from using standard print works, but then there are restrictions on the format of the recording. So it is a highly fact-dependent analysis.

CELEBRITY IMAGES

Q: Are celebrity images protected by copyright?

A: Any image made since 1978 is protected by copyright automatically when it is created. No notice of copyright has been required since 1986. Some images are dedicated to the public domain, but without information that such is the case, you cannot make that assumption. Most states have some sort of “right of publicity” statute or a common law (court-made law) right of publicity that protects images (and other aspects, such as voices) of individuals from exploitation by others without permission. The laws of New York, Florida, and California are very strong because most celebrities live there, and those laws may sometimes be applied against people in other states. Those laws can protect the images of individuals even after their deaths (such as Marilyn Monroe and John Wayne).

USING WORKS PROTECTED BY BOTH COPYRIGHT AND TRADEMARK

Q: I’m presenting a workshop at our state conference. I’m not being paid to present. I want to do a PowerPoint using a theme of a famous candy. I want to use a few pictures of the candy on my slides. I know that the name of the candy (and possibly the image or package) is protected by trademark. Do I need to put the trademark symbol by the picture? Should I give credit at the end? Are there other copyright issues?

A: The multimedia guidelines allow uses of images for teacher workshops under the same rules as student use for classes. If the number of images you use from a single source satisfies the limits outlined in the guidelines, you should be fine on the copyright front. If you need more images from a single source, you can also go through a standard fair use analysis to see if your use is fair. That settles the copyright issue.

The trademark issue is not covered in the multimedia guidelines. To avoid any suspicion that the candy company endorses your presentation, I would cite the image just as you would for copyright, including the ® or ™ mark. Then I would put a note on your citation slide that says “[Name of candy] is a registered trademark of [company name]. Use of the trademark does not imply any relationship or endorsement.” You can put it in small type. Note that this is not a foolproof way to completely avoid liability or a cease and desist letter. But your notice makes it clear that you are not attempting to trade on the commercial mark.

Every effort is made to provide accurate, up to date information in response to copyright questions. However, this column is not intended to take the place of legal advice. For more information, consult your school district’s attorney.