Copyright Questions

COPYRIGHT QUESTIONS

What is copyright?

What does copyright protect?

There are six basic rights protected by copyright.

How do I get permission to use somebody else's work?

How long does copyright last?

Questions? Contact DoDEA’s office of the general counsel.

COPYRIGHT FAIR USE FOR TEACHERS AND STUDENTS

The answers to the above questions are provided from the U.S. Copyright Office website, a publicly available source:

WHAT IS COPYRIGHT?

Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

WHAT DOES COPYRIGHT PROTECT?

Copyright protection subsists, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

• literary works;
• musical works, including any accompanying words;
• dramatic works, including any accompanying music;
• pantomimes and choreographic works;
• pictorial, graphic, and sculptural works;
• motion pictures and other audiovisual works;
• sound recordings; and
• architectural works.

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

THERE ARE SIX BASIC RIGHTS PROTECTED BY COPYRIGHT.

According to 17 U.S.C. Section 106 the owner of copyright has the exclusive right to do and to authorize others to the following:

1. to reproduce the copyrighted work in copies or phone records;
2. to prepare derivative works based upon the copyrighted work;
3. to distribute copies or phone records of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
4. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
5. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
6. in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

A violation of any of the exclusive rights of the copyright holder is said to be a copyright infringement.

HOW DO I GET PERMISSION TO USE SOMEBODY ELSE'S WORK?

You can ask for it. If you know who the copyright owner is, you may contact the owner directly. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered “fair” nor advise on possible copyright violations. If there is any doubt, it is advisable to consult DoDEA’s Office of General Counsel.

How much of someone else's work can I use without getting permission?

Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. Fair use is almost always attributed.

Copyright does not prohibit all copying or replication. In the United States, the fair use doctrine, codified as 17 U.S.C. Section 107, permits some copying and distribution without permission of the copyright holder. The statute does not clearly define fair use, but instead give four non-exclusive factors to consider in a fair use analysis. Those factors are:

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.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

HOW LONG DOES COPYRIGHT LAST?

The term of copyright for a particular work depends on several factors: including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors.

How much do I have to change in order to claim copyright in someone else's work?

Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.

Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise. Generally, when a Government employee creates a work in their official capacity, the work is owned by the Government, and not the individual.

QUESTIONS? CONTACT DODEA’S OFFICE OF THE GENERAL COUNSEL

DSN 644-5695/5879/5880

This guidance is only general in nature. There is a large amount of law on this topic, and different factual circumstances can lead to different legal conclusions. Please contact DoDEA’s Office of the General Counsel if you find yourself involved with any copyright issues in which you are uncertain what is the proper way to proceed.

Updated: 12/16/2019