Copyright: An Introduction   Tags: academic_integrity, citing_sources, copyright, dissertation_requirements, english_composition, fair_use, information_literacy, intellectual_property, scholarly_publishing, theses  

These pages contain information on copyright and the use of copyrighted materials in teaching and research. These pages do not constitute legal advice, and are to be used for informational purposes only.

Perpetuating knowledge is the basis of the U.S. Copyright Act. The intent of the law is to promote original creativity, by giving authors exclusive rights to their works, and to ensure the propagation of science and the arts, by providing users certain exclusions to said rights.

Maintaining authors' rights while accommodating users' needs is at the root of many current copyright issues.

Anything created in an original, tangible form of expression (see, read, hear and/or touch it) is copyrighted. Facts and ideas are not.*

• A  list of living U.S. presidents is not copyrighted: facts
• Biographies of each president are: original, creative expression. 
• Talking about creating a television show involving crime scene investigators is not copyrighted: an idea, not tangible.
• Scripting characters, plots, etc. is: original, creative expression, tangible.

A tangible, creative representation of an idea is copyrighted as soon as it is created. It is no longer necessary to formally file with the U.S. Copyright Office.

(Note: Because the courts will not consider any copyright infringement claim without the work in question having previously been formally filed, it may be wise to pursue filing.)

If you take a photo of your girl/boyfriend, it is immediately copyrighted; sketch your professor, copyrighted; jot down some song lyrics, copyrighted; create a personal website, copyrighted; develop a new video game for work, copyrighted, BUT probably not held by you. "Works for hire" refers to that which is created as part of one's employment. Unless a decision or agreement stating otherwise exists, the employer holds the copyright. Nevertheless, as with other aspects of copyright, the definition of specific works for hire can be debated.

Copyrighted works may not be used without express permission of the copyright holder, unless the use falls within Fair Use, Section 107, the most familiar exemption, or the lesser known Sections 108 (libraries), 109 (first sale) and 110 (performance).

To ignore fair use is to leave yourself and your institution open to copyright infringement and, in turn, possible legal and costly ramifications.

Introduction to copyright: exclusive rights of copyight holders