In general, under US copyright laws, information, facts and data are not subject to copyright protection - the exception to this could be when data is in the form of software. When information, facts and/or data are compiled and organized in the form of a report, database or graphical representation, copyright is automatically applied unless stated otherwise. While a single chart or graph may not seem to constitute a large percentage of a report, it can represent a major portion of the research results identified in the report, and fair use may not apply. In general, these materials should not be copied in their entirety or original format without permission from the creator. Giving attribution to the source without gaining permissions does not fulfill fair use requirements.
TxDOT, in their University Handbook, cautions their partners about the reuse of copyrighted material:
"Prior use of the material in a TxDOT or governmental publication does not necessarily constitute permission to use it in a later publication."
Acceptable reuse of materials:
Look for a clear copyright statement
If the publication has a statement of rights protected by copyright and was published after 1923, permission must be obtained by the copyright holder in order to reuse the material. If no copyright statement is applied, and the material has been published/created after 1989, copyright must be assumed and you need to consider whether or not the material meets the intent and criteria of fair use. This applies to web-based material as well as printed publications.
TxDOT, in their University Handbook, suggests the following acknowledgment of permission:
“Reprinted from (title of publication) by (name of author), by permission of (name of copyright owner). Year of first publication _____.” (p. 6-15)