Copyright Basics

What is covered by copyright?

• Original expressions fixed in some tangible form with the authority of the author.
• Under present law, registration or copyright notice is not required. Copyright exists automatically as soon as something is in tangible form.

How long does copyright protection last?

For works created after Jan. 1, 1978, copyright lasts for 70 years after the author's death. Works created before Jan. 1, 1978 and still in their first renewal term are protected for 95 years from the date of the original grant of copyright.

• Copyright Term and the Public Domain in the United States- A Chart
  
• More information on the public domain
  
• Copyright Renewal Database

What are the exclusive rights of copyright holders?  See §106 of the Copyright Law.

1. To reproduce all or part of a work

2. To make derivative versions

3. To distribute copies

4. To perform a work publicly

5. To display a work publicly

6. To perform a sound recording publicly via digital audio transmission.

What is allowed?

The Copyright Law makes provisions for exceptions:

§108 provides exceptions for library services.

§110, subsections 1 and 2 allow for specific educational performance and display

§107 describes "fair use" for cases not explicitly addressed in the Copyright Law. Fair use is determined on a case by case basis weighing the following factors:

1. The purpose of the use (profit or nonprofit)

2. The nature of the work (creative or factual)

3. The amount and importance of the portions used, in relation to the whole

4. The effect of the new use on the potential market for the original.

The Copyright Management Center at IUPUI provides a handy Checklist for Fair Use to help evaluate whether your use is fair.

Could you be more specific?

Because fair use can be so confusing, some more concrete guidelines have been established, defining what is certainly within the parameters of fair use. It is important to recognize that these define the minimum fair use.

• Guidelines for Classroom Copying 
  
• Fair Use Guidelines for Educational Multimedia 
  
• Fair Use Guidelines for Electronic Reserve Systems 
  
• Guidelines for Educational Uses of Music
  
• Additional guidelines
  
• Local decisions are guided by University of Missouri Executive Guideline No. 23, 11-1-84, Revised 2-15-05: Use of Copyrighted Materials for Teaching and Research. 

What about Internet or multi-media projects?

The same principles apply to these formats as to print, but there are some additional complications:

• Creative work (musical compositions or performances, visual images, dramatic works) are more strictly protected by copyright. Usually only very small portions of these may be used without permission.
  
  
• Material appearing on the Internet may be covered by copyright or may be in the public domain. Be careful to download only legally posted materials. It may be necessary to get permission to re-post or distribute materials that are not in the public domain.
  
  
• Transmitting materials over the Internet involves not only the copyright holder's rights of reproduction and distribution, but also the rights of public performance and display, so that each transmission may result in multiple copyright infringements.
  
  
• The Guidelines for Educational Multimedia recommend limiting access to students enrolled in a specific class and posting materials for only a limited time in order to limit the potential for infringement.
  
  
• Note that most of the library databases and electronic journals that are available "over the Internet" are governed by license agreements rather than by copyright. License provisions may be more restrictive than copyright.
  
  
• Generally, linking to materials at their original site is preferable to copying them to a new site.
  
  
• ET@MO provides a handy guide to copyright issues involved in creating online courses. See Legal Issues: ADA, Copyright, and FERPA. The Teaching Toolbox provides release forms for securing permission for incorporating student work into online presentations.
  
  
• See also Web Site Permissions from Stanford University Libraries.
  

How do I get permission to use copyrighted material?

The following pages provide extensive information on seeking permission, including links to collective rights organizations and form letters to use.

• Obtaining Permission to Use Copyrighted Works for Educational Use from the Copyright Management Center at IUPUI
• Getting Permission from University of Texas
• Copyright and Fair Use Overview from Stanford University
• See also Copyright Law & Graduate Research:New Media, New Rights, and Your New Dissertation.
  

What about protecting my own intellectual property?

• See Copyright Ownership Issues from the Copyright Management Center at IUPIU for a handy outline of the issues.
• Works created in the course of one's job may be deemed "work-made-for-hire" with the rights held by the employer. Educational institutions may delineate these rights differently. See the UM Copyright Regulations for the local interpretation.
• Copyright registration is not required, but has some advantages.
• Be aware that you can "unbundle" your rights, transferring some rights to publishers while retaining others. See The Scholarly Communication Toolkit from the American Library Association and Copyright Resources for Authors from SPARC, the Scholarly Publishing and Academic Resources Coalition.
• Consider a Creative Commons license for your work.

Where can I get more information?

• The United States Copyright Office
• The Copyright Management Center 
• Stanford Copyright & Fair Use Center
• Copyright Crash Course
• Scholarly Communication page from the Association of Research Libraries
• Scholarly Communication page from the Association of College & Research Libraries