An Introduction to Copyright (January 2013)
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Copyright protects original creative works and grants creators ownership rights over the use of their work. Copyright begins as soon as a work is fixed in a tangible form. Protection lasts for the life of the creator plus 70 years. Fair use allows limited use of copyrighted works for purposes such as criticism, commentary, teaching, or research. The four factors considered for fair use are the purpose and character of the use, nature of the work, amount used, and effect on the work's market value. Obtaining permission is required for uses beyond fair use. Works in the public domain can be used freely.
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An Introduction to Copyright (January 2013)
- 1. An Introduction to Copyright Central Michigan University Libraries January, 2013
- 2. What is Copyright? Copyright is a legal protection extended to creators of original works. It grants the creator ownership rights for literary, dramatic, musical, and choreographed works; pictorial, graphic, and sculptural works; motion pictures and audio-visual works; sound recordings; computer software, digital media, and products; and other intellectual property.
- 3. When Does Copyright Begin? Copyright begins as soon as something is fixed in tangible form. Until 1988, a work had to be either registered with the Library of Congress Copyright Office and/or identified by the © symbol or a copyright notice statement to be protected by copyright, but today copyright protection is automatically extended when a work is created.
- 4. How Long Does Copyright Protection Last? Copyright is legally recognized for the life of the author plus 70 years. During this time, the holder of the copyright retains the exclusive right to publish, reproduce, perform, display, and distribute the work.
- 5. What Does Copyright Protect? Literary works, research and reports (graphs, tables, data), artwork, animations, movies and videos, musical works (including lyrics), computer programs, photographs and images, and architectural works.
- 6. What Copyright Does Not Protect Ideas, commonly known facts, names, short phrases, titles, and works in the public domain.
- 7. Why Copyright? Copyright is a way that an author can control how his work is used, realize financial gain from that work, and, essentially, protect his livelihood. The creation of an original work requires a great deal of time and effort, and copyright guarantees that the creator is compensated for his efforts.
- 8. So, if the copyright holder owns all rights to the material, how can we use that material without violating copyright law…?
- 9. It’s a little concept called fair use.
- 10. What is Fair Use? Fair use is a set of criteria identified in the Copyright Act of 1976 that allows individuals to use limited portions of a work in the name of criticism, teaching, scholarly research, and news reporting.
- 11. The Four Criteria of Fair Use The purpose of the use (profit vs. non- profit); The nature of the copyrighted work; The amount and substantiality of the item used; The effect of the use on the potential market value of the work.
- 12. Purpose of the Use If the purpose of the use is non-profit and/or educational in nature, the use is more likely to be protected under the fair use doctrine than if your intention is to use the material in a for-profit manner.
- 13. Nature of the Copyrighted Work Usage is more likely to be protected if the work is factual in nature and was created for the purpose of criticism, commentary, teaching, or scholarship. It is less likely to be protected if the work is an original fictional or artistic expression. Also, since a copyright holder is granted the right to first publication, you have more protection when using published versus unpublished works.
- 14. Amount and Substantiality of the Item Used As a rule of thumb, the smaller the portion of the work you use the more protected you are. Regarding substantiality, even if it is a very limited portion of the overall work, you may not be allowed to use what is referred to as the ‘heart of the work.’
- 15. Effect of Use on Market Value Does your usage of the material negatively impact the author’s ability to realize revenue from the sale of the work? Copying material intended to be purchased (chapters from a textbook, for example) is not protected under the idea of fair use.
- 16. Fair Use Consideration of all four of the factors above is required before proceeding with use, though all factors do not have to be in favor of use to make it a fair use. In an ideal case, however, all four factors will be satisfied in favor of fair use before using an item.
- 17. Another option You can always contact the holder of the copyright to ask permission to use the work. In many cases, creators are happy to have their work used for non-profit educational purposes. If you plan to use more than what is acceptable under the idea of fair use, obtaining permission is required by law.
- 18. Public Domain Items in the public domain can be used freely and without permission. Typically, works enter the public domain due to old age. Anything published in the United States before January 1, 1923 is in the public domain and may be used without restriction. Also, publications of the United States government are public domain documents.
- 19. In conclusion… Not only is copyright compliance the law, it is accepted and encouraged in the university community as a way to protect the efforts of students and scholars and as a way to encourage further research. Please be respectful of others by always practicing copyright compliance when undertaking your research.
- 20. Helpful Resources CMU copyright page: copyright.cmich.edu United States Copyright Office: www.copyright.gov/ Stanford Copyright & Fair Use Center: http://fairuse.stanford.edu/index.html Copyright Bay: www.stfrancis.edu/cid/copyrightbay/