Counseling Resources: Writing and Citing

What is copyright?
• Copyright is the right of authors to control the use of their work for a period of time. It is also designed to promote creativity and learning.
• All original work that is fixed in a tangible form of expression is copyrighted, even when it does not include a copyright symbol or notice. This includes — but is not limited to — books, journal articles, websites, music, photographs, computer programs, and audiovisual materials.
• Copyright is federal law, Title 17 of the United States Code, and it includes penalties for infringement.
• The Copyright Law includes exceptions for teaching, research, scholarship, criticism, comment, and news reporting.

Steps to determine the use of material
1. Is the work protected by copyright? Items published in the United States prior to 1923 are in the public domain; they can be used without seeking permission. Items published after 1923 may be protected. Copyrights extend for 70 years after the death of the author. Work produced by the U.S. government is most likely in the public domain.
2. How will the work be used? Incorporating copyrighted material into a paper for class and posting material on a website have different copyright requirements. The broader the access to a work, the more copyright considerations are involved.
3. What exceptions apply? When using copyrighted work, determine if exceptions to the copyright law apply allowing you to use the work without seeking permission. Consult the Fair Use Check List and weigh each factor to make your determination.
4. Is permission needed? When the exceptions do not apply seek permission to use the copyrighted material. It is wise to request the permission in writing and keep all documents associated with your request.

Considerations when preparing papers, dissertations, and theses
• You are both an author and copyright holder of all of your original work, as well as a user of other’s copyrighted works.
• Other’s works and third-party content in your paper must be authorized under the Fair Use exception or used by permission of the rights holder, and you must always give credit to the original author.
• The Seminary will request that you submit dissertations and theses to the Denver Seminary Open Repository and the Theological Research Exchange Network. This allows researchers from around the world to benefit from your research. You will sign an agreement with the Seminary and with TREN for them to accept your work. These non-exclusive licenses only authorize them to disseminate your work as described in the agreement. You retain the copyright.
• If you have further questions about copyright law, please contact the Seminary Library.