Top 10 Misconceptions About Copyright

1.  A Gundersen department just published an article in a prestigious medical journal.  It is important that our top managers see the article right away.  Surely, I can copy it and send it to that small group.

Regardless of the fact that Gundersen is mentioned and wrote the article, you must obtain permission or a license from the journal publisher before copying and distributing it to others.

2.  As long as I cite my source, I can use other peoples' content in my articles, reports, and presentations.

Including a citation in an article or other work does not eliminate the need to obtain the copyright owner's permission to use of the content beyond traditional limits of fair use.  When using the defense of fair use you must consider and balance four factors described in copyright law.  For more information about fair use see Understanding Fair Use from the University of Minnesota Libraries. 

3. A lot of articles I read online allow me to share the article with others via Facebook, Twitter, and Google+.  Since they seem to be giving away content and letting people share it, it makes no difference if I just copy and paste the same content into an email, post it to my intranet site, print it out and make copies, or use it in my presentations.

Even if articles or other content are in public areas of a website, it is protected by copyright law.  If publishers encourage you to forward their content through a mechanism they provide, that does not mean you may use it anyway you like.  To find out what you can do with the content, look for a Terms of Use, Permissions, or Licensing link on the website.

4.  We ordered paper reprints of an article, but I also want to email it to people.  Because we paid for reprints, I don't see any reason why I can't scan it and distribute it electronically.

Most copyright owners license content based on format and type of use.  Before changing a format, for example, from paper to electronic, check your license carefully.  You may need to acquire additional licensing or permission to distribute the content electronically.

5. I have permission to use the whole article, but I'm only going to use a chart from it in a presentation.

Check your license agreement carefully before you excerpt, abstract, or modify content you've received permission to use.  Permissions vary and are often limited to the use of the content "as is".  Also, articles containing photos, charts, and other graphic elements may have several different copyright owners.  You may need to obtain permission from the copyright owner(s) of the photos, charts, etc. as well.

6. I am only posting this newsletter article on Gladiator.  We're the only ones who will see it, so it's not a big deal.

Distributing copyrighted content on an internal website (like Gladiator) is no different than photocopying it for each employee. Mass distribution like this may be permitted by the subscription or license, or if not, it is likely not to be considered fair use and you would need to request permission.

7. If I find something online, it is okay to copy it on our internal website.  After all, it is internal.

Copyright law is the same for any content found online.

8.  I contacted the publishers to request permission to use their content, but they never got back to me.  I assume they don't care and it is okay to use the material.

It is important to note that a lack of response from a copyright owner does not, under U.S. copyright law, negate the need to obtain permission.

9. Our library has an online subscription to a journal that we all can access, so it should be okay to send it to my colleague at a healthcare organization in Milwaukee.

Not necessarily.  Distribution permissions vary widely from subscription to subscription and most licenses limit the distribution of content to other employees within your organization only.  It is important to check the license or ask your librarian for help.

10.  It's no big deal if I use content without permission.  I won't get in trouble.

Failure to respect copyright infringes on the legal rights of the creator and could put our organization at risk.

More questions? 
See the library's information about copyright.
Contact Eileen Severson, Library Supervisor. 
Phone: 55546 Email: easevers@gundersenhealth.org