Copyright & Fair Use

What is copyright?

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the creators of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. Copyright grants creator/authors the ability to control the use of the work created and gives to authors certain exclusive rights:

•  Make copies (ex. a download, PDF email attachment, photocopy or scan, etc.)

•  Distribute copies (ex. sharing on the internet, sending in an email)

•  Prepare derivatives based on the original work (ex. a translation, a sequel, a spin-off)

•  Perform the work publicly (ex. act out, read aloud, play for an audience)

•  Display the work publicly (ex. posting on a web site)

Copyright protection exists from the moment a work is fixed in a tangible form of expression (This could include a DVD, CD, even a napkin with writing on it).

There are several ways you can use copyrighted work without infringing on the exclusive rights of the copyright owner.

• You can link to the material.  Linking to an image or public website is not copying.  While you should still cite and give attribution to the owner of the website, it is not usually required to request permission to link to a publicly available website.

• You can request permissions from the copyright owner.  The copyright owner can be the author/creator, the author's employer, or a publisher/production company to whom the author transferred their rights.

• You can use the work in accordance with an existing license.  For instance:  1.) The library negotiates licenses to online content that allow for classroom and reserves use.  2.)The work may be issued under a Creative Commons license where the creator has clearly established what others can do with his work.

• Your use may fall under exceptions and limitations of copyright law, like fair use, section 108 for libraries, or the T.E.A.C.H. Act

Be sure to appropriately cite your sources, go to Writing & Citation Resources  for more details.