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

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.

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.

See the complete version of the U.S. Copyright Law, October 2009 [PDF, 350 pages]