ICOM Library: Copyright: Copyright Basics

Overview

Copyright 101 -- the basics

Copyright is a form of legal protection provided by the laws of the United States (Title 17, U.S. Code) for the creators of original works of authorship, which include literary, dramatic, musical, artistic, and other creative works.

Copyright protection exists from the moment a work is fixed in a tangible form of expression. This could potentially include a DVD, a CD, even a napkin with writing on it. It is the right granted by law to an author or creator to control the use of the work he or she has created. This grants the copyright owner control over the following actions over their material:

Making copies -- A copy is the reproduction of an original work. Some examples of what might be considered a "copy": downloading a file or program, sending a PDF email attachment, making photocopies, posting an article to a website -- either internal or external -- or scanning a document. (This is only a partial list of what might be considered a copy.)
Distributing copies --including using the internet
Preparing derivatives based on the original work --such as a sequel or spin-off
Performing the work publicly -- such as a play or performing music
Displaying the work publicly -- such as an art exhibit

These rights apply to you as a creator as well. If you have written a book, a report, a Powerpoint presentation, educational notes, painted a picture, drawn an image, written a song, created a dance and that creation has been recorded in a tangible form, you are a copyright owner. Congratulations!

Protection Standards

Works protected by copyright.

Under the Copyright Act, section 102, the following is protected:

(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.

Length of time a copyright lasts.

Works are automatically protected for the life of the author plus 70 years per the 1998 Copyright Term Extension Act, which applies to any work created from 1978 onward. The protected status of works published between 1923 and 1978 varies in accordance with how --and if-- they were published, registered, and properly renewed. With the Copyright Term Extension Act of 1998, materials published, registered, and renewed in the U.S. between 1923 and 1978 stopped falling into the public domain for twenty years, which meant that only materials published before 1925 were reliably in the public domain.

Copyright law and duration also varies per country. However, several countries have worked together to create international agreements that align policies across borders. Foreign works are, for the most part, protected for the same term as works published within the user's country for all signatories of the Berne Convention and TRIPS agreement. The U.S. is an adopter of both the Berne Convention and a party of the TRIPS agreement.

The Public Domain

The Public Domain refers to works that have fallen out of copyright protection and belong to the public. Works in the public domain include those works that the copyright protection has expired, been forfeited, cannot be copyrighted, has been abandoned or where copyright laws are inapplicable. These works can be copied, distributed, performed and displayed without seeking permissions or applying to an exception under copyright law.

For example:

Expired: Copyright protection for the novel Frankenstein by Mary Shelley Wollstonecraft Godwin, first published in 1818, has expired and is in the public domain.
Forfeit: If a copyright was not properly renewed between 1923 and 1963, it may have been forfeited. This copyright renewal requirement was removed in 1977.
Cannot be copyrighted: For example, titles, names, short phrases, slogans, ideas, and website links among other types of works can't be copyrighted. See 37 C.F.R. 202.1(a) for a more extensive list of non-copyrightable material. These can, however, be trademarked, which is beyond the scope of this page. As far as copyright law is concerned, they're in the public domain, but as far as trademark law is concerned, they might be protected.
Abandoned: This is very rare. Abandonment requires that the copyright holder intends to abandon the copyright by way of an unambiguous statement or overt act on their part. That statement or act should indicate his or her intent to dedicate the work to the public domain. A statement that anyone who wishes to may reproduce, perform, or display the work without restrictions might be sufficient.
Inapplicable: U.S. Federal Government publications are not granted any copyright protection at all. All U.S. Federal Government publications fall immediately into the public domain. (Note: certain publications made by third parties under government contract and/or by state governments may be considered differently by the law and may be protected by copyright.)

This chart from Cornell University goes into much more detail about copyright status and whether a certain work might be in the public domain.

Copyright in the Classroom

Copyrighted works in the classroom

There are several ways you can use copyrighted work.

You can link to the material. Linking to an image or public website is not copying. 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.
You can request permissions from the copyright owner.
You can use the work in accordance with an existing license. For instance:
- 1.) The library negotiates licenses to online content that allow for classroom 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.
- 3.) Your use may fall under exceptions and limitations of copyright law, like fair use or section 108 for libraries. While copyright law does offer other uses for educational purposes, these allowances are for non-profit institutions only. ICOM doesn't qualify for any of these exceptions or allowances as we are a for-profit institution.