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Copyright and Fair Use

Resources and basic guidance for navigating copyright, fair use, and rights statements.

Copyright & Fair Use Basics

What is copyright?

A "copyright" is actually a "bundle of rights" that the creator of a work is entitled to control if the work is "an original work of authorship fixed in a tangible medium of expression." This means that in order to be entitled to copyright protection, the work has to be something you created (and didn't copy from another work) and set down in some physical form, like in writing, on videotape, in a sound recording, in a computer program or on a computer screen.

The "bundle of rights" that are included in copyright are the right to: (1) distribute the work, (2) reproduce (or make copies of) the work, (3) display the work, (4) perform the work, and (5) create derivative based upon the original work. (csusa.org)


 

What is protected by copyright?

Copyrightable Works Not Protected by Copyright
Literary works Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries
Musical works, including any accompanying words Works that are not fixed in a tangible form (such as a choreographic work that has not been notated or recorded or an improvisational speech that has not been written down)
Dramatic works, including any accompanying music Titles, names, short phrases, and slogans
Pantomimes and choreographic works Familiar symbols or designs
Pictorial, graphic, and sculptural works Mere variations of typographic ornamentation, lettering, or coloring
Motion pictures and other audiovisual works Mere listings of ingredients or contents
Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds  
Architectural works  

(copyright.gov)


 

What is fair use?

The Fair Use Doctrine provides for limited use of copyrighted materials for educational and research purposes without permission from the owners. It is not a blanket exemption. Instead, each proposed use must be analyzed under a four-part test.

"Limitations on exclusive rights: Fair use" (Section 107) offers a set of factors to consider when using copyrighted work for teaching or research. Specifically, the factors include:

  1.  the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

(ala.org)

To see if Fair Use applies, use the Fair Use Checklist