Clarification of AREMA Copyrights
We would like to review the AREMA Copyrights and clarify misunderstandings in the industry with regard to copyright issues and misuse. It is important that users of our publications are aware of the copyrights on all of our materials in order to avoid inadvertent violations. We also want to ensure that copyright violations are not condoned and do not occur. Below are some examples that we would like to provide in the hopes that it might clarify the proper use of AREMA Materials.
All users of AREMA publications should have their own copy. Purchasing one Manual and photocopying it for others in a department or office is a clear violation. The selling of individual Chapters of the Manual for Railway Engineering and individual Sections of the Communications & Signals Manual has worked out well so people can purchase only Manual Chapters or Sections if they don't need the full Manual.
Providing copies of AREMA publications or parts of publications to others outside of your company is also a clear violation. This could occur most frequently in the practice of providing copies to vendors in connection with a procurement or to attorneys in connection with a legal matter. Neither of these uses is permitted and the potential third-party user should be referred to AREMA Headquarters to purchase the needed material.
There is a provision in the copyright law that allows for what is called "Fair Use" of copyrighted materials. "Fair Use" covers the use of copyrighted material in areas such as teaching and research. One of the primary factors in determining if your proposed use would fall under the Fair Use doctrine is the "amount and substantiality of the portion used in relation to the copyrighted work as a whole". 1 Copying a table or a few pages for use by a colleague would be an example of Fair Use, and permission or payment would not be required. Copying a full Chapter or a substantial portion of a Chapter for a supplier bid request is definitely not Fair Use.
We understand that this can be somewhat of a "gray area" that could be difficult to interpret. We encourage you to err on the side of caution. If you have a proposed use that you believe to fall under the "Fair Use" provision, please contact AREMA Headquarters with the full details, and we will be happy to make a determination for you based on the specific facts of your case.
Individual owners of an AREMA publication are of course, permitted to use that material in the course of their work. The specific use would not normally be an issue. It is the unauthorized reproduction and distribution that is the issue. For example, an AREMA member who serves as an expert witness in a legal matter certainly has the right to use his/her Manual material in the development and execution of his testimony. However, providing copies of the AREMA material for the jury and/or other parties (other than the exhibit used for case records) would be a violation.
Although all of the above has referred to print publications, all of these restrictions and provisions also apply to electronic/downloadable versions of our Manuals. Corporate Licenses are available for specific publications if you wish to use them for more than one person. Please contact AREMA Headquarters for pricing and details.
Posting AREMA Material on your website for viewing by in-house or third-party users is a violation.
AREMA employs a standard of care and diligence in providing this publication and makes every effort to present accurate and reliable information. The information in the publication is intended solely for informational purposes and is not intended to replace or be a substitute for professional advice. AREMA and the companies and authors providing information for the publication disclaim all liability for damages, of any kind, including but not limited to professional or commercial damage, arising out of the use, reference to, or reliance on, the provided information by anyone including those who are provided third party access to this publication.
All AREMA publications are protected by US and International copyright laws. If you become aware of a violation, we would appreciate it if you would bring it to our attention so that appropriate action can be taken to ensure that all interests are protected.
AREMA publications are a major asset of AREMA. Purchasing AREMA materials does not carry with it any rights or permission to reproduce, copy, store electronically or further distribute in any way.
We would like to thank you for your support and use of our materials. As a result of your support, we are able to produce our well established and widely used manuals and products.
If you have any questions, please contact AREMA Headquarters.
1 1976 Copyright Act, Section 107