Section 107 & 108 of the 1976 United States Copyright Act

Discussion in 'Educational Resources' started by Kicking, May 22, 2005.

  1. Is it legal for a for profit publication to refer to an analyst research&findings published in a copyright protected book if you mention the author's name and the book in the main text and in the endnotes? Do you need the author's permission to do this?

    I would think not since in all likelihood you are just giving more exposure to their work , but want to make sure that doesn't expose you to legal action.
  2. I have run into this before. In most cases, you have to contact the publisher and request written consent[/u] to copy an excerpt from the book. They will want to know which sections you would want to refer to. The book will most likely have a copyright warning stating this and some contact info.

    I'm curious to find out what you are writing about? Are you doing a thesis or publishing a paper?

    Good luck.
  3. Basically I am writing an article for a newspaper and wanted to incorporate some stats and findings on the US stock market. A very respected and high profile author refers in his book to these same historical trends and attributes the findings to a newsletter writer. Although I would think that those findings are now almost common knowledge, just to to be honest I want to attribute them to the original source .
  4. If you are referring to the study, without actually copying the information verbatim, then you are not violating the copyright of the owner. Example: stating that "A recent Gallup Poll reveals that 25% of the population believes the Bible is literally true," is not a copyright violation, because you are not "copying" the original work -- you are merely referencing the information contained within.

    However, if you copy the work verbatim, e.g., "The table below shows the results of a recent Gallup Poll on the subject of people's believes as to the creation of the Universe," then you must contact the copyright owner to obtain permission, unless you believe that your use does not substantially impair the value of the original work, or the profits of its owner, in which case, you "may" be found within the privilege of the "fair use" doctrine.

    But, I wouldn't bank on door number three.