Copyright

Copyright Overview

  • Definition: A copyright is a legal term that grants the creator of an original work exclusive rights to it.

  • Copyright means that to use copyrighted material, permission must be obtained from the copyright holder. Without this permission, the use of the material is illegal.

What Can Be Covered by Copyright?

  • Protected Works: Copyright law protects original, creative works such as:

    • Books

    • Manuscripts

    • Music

    • Film and video productions

    • Computer code

    • Artistic works (paintings, photos, etc.)

  • Exclusive Rights of Authors:

    • Reproduce the work

    • Distribute copies to the public

    • Perform the work publicly

    • Display the work publicly

    • Prepare derivative works based on the work

What Cannot Be Covered by Copyright?

  • Ideas and facts

  • Short phrases or slogans

  • Other people's works

  • Common logos or symbols

Copyright Protection Without Publication

  • Unpublished Works: Copyright protects creators even if the work is not published. The U.S. Copyright Office states copyright protects 'original works of authorship' including:

    • Literary works

    • Dramatic works

    • Musical works

    • Artistic works

Copyright Notice Requirements

  • Elements of a Copyright Notice: Recommended by the U.S. Copyright Office:

    • The © symbol or the word "Copyright" or the abbreviation "Copr."

    • Year of first publication

    • Name of the copyright owner

  • Example: © 2014 Jane Doe

Ownership of Copyrights

  • Generally, creators own all materials they create unless:

    • They are employees working within the scope of employment (the employer owns the work).

    • They are freelancers creating work for hire (the contracting party owns the work).

  • Historical Context: The concept of "work for hire" arose due to the complexity of copyright ownership in the movie industry.

Copyright Rules

  • Basics:

    • Permission is needed to copy, manipulate, or distribute copyrighted works.

    • Copyright for "works for hire" generally belongs to the employer or contractor.

    • Copyright lasts from the date of creation until 70 years after the creator's death.

Derivative Works

  • Definition: A derivative work includes aspects of a preexisting, copyrighted work. This can encompass:

    • New adaptations (musical arrangements)

    • Films based on plays

    • Translations

Importance of Copyright Rules

  • Using copyrighted works without permission is illegal.

  • Most works are copyrighted, including images online.

Exceptions to Copyright Rules

  • Fair Use Doctrine: Allows use of copyrighted material without permission for purposes such as:

    • Criticism

    • Comment

    • News reporting

    • Teaching and research

  • Public Domain: Works whose copyrights have expired or are created by the U.S. government are free to use.

Fair Use

  • Complexity: Fair use is complicated and is determined on a case-by-case basis.

  • Educational Use: Student use for personal learning is likely fair use (no permission needed).

  • Commercial Use: Using copyrighted material for public events typically isn't fair use; permission is recommended.

Multimedia Fair Use Guidelines

  • Limits:

    • Video: Up to 10% or 3 minutes (whichever is less)

    • Audio: Up to 10% or 30 seconds (whichever is less)

    • Text: Up to 10% or 1000 words (whichever is less)

    • Poetry: Up to 250 words or entire poem if shorter

    • Images: Up to 5 images from one artist or 15 from a single collection

Graphics and Images Usage

  • Common illegal practices involve using images and graphics without permission on the Internet.

  • Legal alternatives include royalty-free content and Creative Commons licenses.

Royalty-Free Image Banks

  • Resources: Royalty-free stock photo agencies offer images that can be used without paying a royalty fee for each use.

Public Domain

  • Definition: Works in the public domain are not protected by copyright and can be used freely.

  • Eligibility: Works published before January 1, 1927 are typically in the public domain.

Copyright and Websites

  • Websites are not recognized as copyrightable under the Copyright Act.

  • Individual elements (text, images, videos) on websites can be copyrighted.

Registering a Copyright

  • Process: To obtain full protection, register your copyright with the U.S. Copyright Office:

    • Submit an application and fee

    • Include the content (deposit) you want to protect

  • Rights: Registration is required for filing an infringement lawsuit.

Creative Commons

  • Overview: A nonprofit organization providing licenses for copyright owners to specify allowable uses of their works while retaining copyright.

Attribution and License Types

  • Attribution: Required for using works with certain licenses, giving credit to the original creator.

  • License Types:

    1. Attribution: Allows all uses with credit.

    2. By Attribution - Share Alike: Similar uses with identical license for derivatives.

    3. By Attribution - No Derivatives: Use without modifications necessary.

    4. By Attribution - Non-Commercial: Use only for non-commercial purposes.

    5. By Attribution - Non-Commercial - Share Alike: Non-commercial use with similar license for derivatives.

    6. By Attribution - Non-Commercial - No Derivatives: No commercial use or modifications allowed.

Finding a Copyrighted Image

  • It can be difficult to trace the creator of an online image, complicating permission requests.

Copyright's Protection for Creators

  • Copyright laws protect creators against unauthorized use of their work for up to 70 years after their death.

  • Standard copyright notices summarize essential information.

When in Doubt, Don't Use It

  • Fair use is complex; using copyrighted works for education is safer than commercial use.

Three Ways to Find Content

  1. Included Content: Software comes with sample or royalty-free content.

  2. Purchasing Content: Royalty-free content can be bought from various providers.

  3. Free Sources: Public domain and Creative Commons sites allow free downloads for various uses.

Parody vs. Copyright Infringement

  • Parody: Imitating a work for critique or humor; may fall under fair use.

  • Infringement: Unlawful use of copyrighted material without permission.

  • A parody must reference the original, presenting a conflict between creators.