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Copyright

Provides a general overview of copyright, fair use, public domain, the TEACH Act and DMCA.

What is copyright?

\käp‐ē‐rīt\ -  literally means the right to copy

  • is a form of protection provided by law for original works of authorship
  • grants exclusive rights by law to copyright owners for protection of their work

defined by the U.S Copyright Office

What is protected?

Original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

Works of authorship include:

  1. literary works
  2. musical works, including any accompanying words
  3. dramatic works, including any accompanying music
  4. pantomimes and choreographic works
  5. pictorial, graphic, and sculptural works
  6. motion pictures and other audiovisual works
  7. sound recordings
  8. architectural works

17 U.S. Code § 102

What's not covered?

Facts, ideas, and/or underlying themes cannot be copyrighted. Examples of material generally not protected, include:

  • works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
  • titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
  • ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
  • works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Note that items not covered may be protected by other types of laws such as licensing, patent, trademark, etc.

Rights & Limitations

Exclusive rights of the copyright holder over his/her work:

  1. Distribution
  2. Reproduction
  3. Modification
  4. Public performance
  5. Public display
  6. Digitally perform sound recordings

17 U.S. Code § 106

Limitations to these rights are outlined in 17 U.S. Code §§ 107-122.

For educational purposes, the following Limitations of Exclusive Rights should be considered:

§107 Fair use

§108 Reproduction by libraries and  archives

§110 Exemption of certain performances and displays

§121 Reproduction for blind or other people with disabilities

How long is a work protected?

Works published before 1923
Public domain
Works published between 1923 & 1963

First term of 28 years (with notice)

Renewal term of 67 years (affirmative renewal required)
Works published between 1964 & 1977

First term of 28 years (with notice)

Renewal term of 67 years (automatic)
Works published after 1977

Unitary term of life plus 70 years

Registration not required for protection notice not required

Commercial work after 1995: up to 120 years 

Adapted from the Cornell Copyright Information Center under Creative Commons Attribution 3.0 Unported License (CC BY 3.0).