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Learning Outcomes:
Understand key points about copyright.
Understand what can and cannot be granted copyright.
Consider how territoriality applies to copyright.
What is Copyright?
This grants a set of exclusive rights to copyright owners.
Therefore, no one else can copy, distribute, publicly perform, adapt or otherwise use the work without permission of the copyright holder.
When is Copyright Available?
Copyright grants rights to literary and artistic works that are original.
All works must meet a certain standard of originality to warrant copyright.
Copyright protects the expression of facts or ideas, not the facts or ideas.
Copyright is generally automatic the moment a work is created. However, some countries require that the work be fixed in a tangible medium before granting copyright.
Who owns a Copyright?
The first owner of a copyright is typically the individual person that created the work. There may be instances when the exclusive rights granted by copyright can be transferred to others, however. This may include legal entities such as corporations, publishers or universities.
The author of a work may not necessarily be the copyright holder.
For example: If a work was created by a work-for-hire employee, the work is owned by an employer, not the creator of the copyright work. Therefore, the employer is the owner of, and controls, the economic rights in the copyrighted work. Laws, agreements, and policies determine who owns and controls copyrighted work.
In addition, employees such as independent contractors may or may not own and control copyright in the works they create in that capacity. This determination typically depends on the terms of the contract between the employee and the organization.
What law applies when sharing works on the Internet?
How does “territoriality” apply?
Generally speaking, users of copyrighted or public domain works should follow the law of the country in which they are making the copyright determination. For example, if you are part of an institution working in Mexico, then you should follow the law of Mexico to make your copyright determinations.
If you are working on an international, collaborative project it can be complicated to determine which law applies in international collaborations.
One of the benefits of Creative Commons licenses is that they provide simple instructions on how works can be used everywhere. Because the CC licenses and tools are translated in many languages, the user of the work can easily understand those conditions in their own language.
Attributions
Content in this module is from or paraphrased from the following sources:
Copyright by Susan Kung is licensed under CC BY 4.0
2.1 Copyright Basics | Creative Commons Certificate for Educators, Academic Librarians and GLAM by Creative Commons Certificate for Educators, Academic Librarians and GLAM by Creative Commons is licensed under CC BY 4.0
4. Using CC Licenses and CC Licensed Works Creative Commons Certificate for Educators, Academic Librarians and GLAM by Creative Commons Certificate for Educators, Academic Librarians and GLAM by Creative Commons is licensed under CC BY 4.0
Additional Resources
Herr, M. (2020). The interpretation of Creative Commons licenses by US federal courts. The Journal of Academic Librarianship, 47(1), 1 - 6. The interpretation of Creative Commons licenses by US federal courts - ScienceDirect
Morris, K. (2020). A beginner's guide to copyright and Creative Commons. A Beginner's Guide To Copyright And Creative Commons (Simple Explanation For Teachers And Students) (kathleenamorris.com)
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