Copyright & Plagiarism: Copyright Basics

The Copyright Act contains specific exceptions for the use of copyright-protected materials by academic institutions. These provisions include:

• Fair Use (Section 107), which applies to activities such as the use of excerpts for illustration or comment; the unexpected and spontaneous reproduction of classroom materials, and the creation of parodies.
• Reproduction by libraries and archives (Section 108), which applies to activities such as archiving; replacing lost, damaged or obsolete copies; patron requests for entire works; and interlibrary loans.
• First sale (Section 109), which permits the resale or lending of copies of works, providing the basis for library lending and the sale of used books.
• Use of materials in an educational setting (Section 110), which permits certain types of content use in the classroom and in distance education (including the T.E.A.C.H. Act)

Here is a link to view the “Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code”.

• The use of a copyright notice is no longer required under U.S. law, although it is recommended.
• If a copyright holder wants to use a copyright notice, he or she may do so freely without permission from or registration with the U.S. Copyright Office.
• In fact, the use of a copyright notice is recommended because it reminds the public that the work is protected by copyright.

A copyright notice should contain all the following three elements:

1. The symbol © (the letter C in a circle), the word “Copyright” or the abbreviation “Copr.”
2. The year when the work was first created.
3. The name of the owner of the copyright.

Example: © 2016 John Doe

It is the right granted by law to an author or creator of “original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works” to control the use of the work created. This allows the owner of the copyrighted material to:

•  Make copies (A copy is the reproduction of an original work, a "copy" can be a download, PDF email attachment, photocopy or scan, etc.)
•  Distribute copies (including using the internet)
•  Prepare derivatives based on the original work (like a sequel or spin-off)
•  Perform the work publicly
•  Display the work publicly

Copyright law means that unless your situation meets one of the exceptions outlined in the Copyright Act, you must get explicit permission from the copyright holder before you can lawfully reuse, reproduce or redistribute a copyright-protected work – even within the walls of your institution.

• Copyright law is a form of intellectual property law, derived from language in the Constitution
• This protection covers both published and unpublished works, regardless of the nationality or domicile of the author.
• Copyright protection is applicable the moment a work is created and fixed in a tangible form - No other action is required to secure copyright protection
  • Even so, it is strongly encouraged that works are registered under copyright law
• Copyright does not protect facts, ideas, systems, or methods of operation - although it may protect the way these things are expressed.
• The physical ownership of an item is not the same as owning the copyright to the work embodied in that item per the  First Sale Doctrine (Section 109 of the Copyright Act)

• The Initial Author or Creator of a work holds the copyright to that work
  • If the work is created for an employer or as a part of an employee's job responsibility, that employer is then considered the author/creator
• If 2+ people make contributions to a work (with the intent to be merged into one), they are joint-authors under US law
  • Joint-Authors hold equal shares of copyright, and owe shares of profits from uses or licenses.
  • If there are joint-authors, all joint rights holders must agree to transfer copyright or grant license for use

• The term of protection depends upon the date of creation.
  • Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
  • A work created on or after January 1, 1978, is ordinarily protected by copyright from the moment of its creation until 70 years after the author’s death.
  • For works made for hire, anonymous works and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.

For more detailed information, you may wish to refer to the public domain section of  the US Copyright Office Guide -  Circular 15 ( “Renewal of Copyright”), Circular 15a (“Duration of Copyright”), and Circular 15t (“Extension of Copyright Terms”)

There are several ways you can use copyrighted work, and we highly encourage that you do so!

• Link to the Material
  • While you should still cite and give attribution to the owner of the website, it is not usually required to request permission to link to a publicly available website.
• Request permissions from the copyright owner - use the "Requesting Permissions" tab on this guide to learn more about how to appropriately do this
• Use the work in accordance with an existing license.  For instance: 
  1. The library negotiates licenses to online content that allow for classroom and reserves use.
  2. The work may be issued under a creative commons license where the creator has clearly established what others can do with his work.
• Your use may fall under exceptions and limitations of copyright law, like fair use, section 108 for libraries, or the T.E.A.C.H. Act