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Copyright and Fair Use

Copyright Basics

Title 17 of the United States Code of the Copyright Law is the legal protection that provides authors of original creative works limited control over the reproduction and distribution of their work. Under the current law, copyright protection is automatic and begins the moment any “original work of authorship is fixed in a tangible medium of expression." 

The Copyright Act gives copyright holders a set of exclusive rights to

  • Reproduce their work, in whole or in part
  • Distribute copies of their work;
  • Publicly perform their work
  • Publicly display their work
  • Prepare derivative works based on the original, such as translations or adaptations

The Copyright Act gives copyright holders a set of exclusive rights to: Prepare derivative works based on the original, such as translations or adaptations; reproduce their work in whole or in part; distribute copies of their work; publicly perform their work

 


These exclusive rights, however, are subject to exceptions and limitations, such as fair use, which allow limited uses of copyrighted works without the permission of the copyright holder.  Please visit the other sections of this Guide to learn more about fair use and other copyright issues.

Copyrightable v. Not Covered by Copyright

Not all works are eligible for copyright. Certain restrictions apply. Below is a quick guide on copyrightable works, but for more information, see Copyright BasicsWorks Not Protected by Copyright from U.S. Copyright Office.

Copyrightable works: Literary Works; Musical Works including any accompanying words; Dramatic Works including any accompanying music; Pictorial, graphic, and sculptural works; Pantomime and Choreographical Works; Motion Pictures and other A/V works; Sounds Recordings; Architectural Works; Computer Programs; Compilations and Derivative Works. Not covered by copyright: Works not fixed in a tangible form (i.e. spontaneous performances, speeches, musical or choreographical work that has not been recorded); Names, titles, short phrases, slogans, list of ingredients or contents, familiar symbols or designs, typography, coloring or lettering; Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices , as distinguished from a description, explanation or illustration; Works consisting entirely of information that is common property containing no original authorship (i.e. calendars, height/weight charts, tape measures/rulers. From:United States Copyright Office (2019). Copyright basics (Circular No. 1). Retrieved from https://www.copyright.gov/circs/circ01.pdf From:United States Copyright Office (2019). Works not protected by copyright. (Circular No. 33). Retrieved from https://www.copyright.gov/circs/circ33.pdf

 

Acknowledgements

Portions of this guide were taken in whole, or part, with permission from the Springshare Community Copyright and Fair Use Guides: Fordham Universities: Copyright Resources,  Agnes Scott: Copyright and Fair UseNYU: CopyrightGSU Copyright Overview, and University of Florida.

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