Much of the information in this section is drawn from content posted on the Web site of the U.S. Copyright Office and is based on the U.S. Copyright Act of 1976. The information appears here in an edited form. For a fuller discussion of these topics, including references to legal and other resources, visit: www.copyright.gov.
In the United States, copyright law protects the authors of “original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works.” This protection covers both published and unpublished works, regardless of the nationality or domicile of the author. It is unlawful for anyone to violate any of the rights provided by copyright law to the owner of a copyright.
Derived from specific language in the Constitution, U.S. copyright law exists to foster creativity and spur the distribution of new and original works. The law grants copyright holders, such as publishers, writers and other types of creators, the exclusive right to reproduce, perform, distribute, translate and publicly display their original works. Simply stated, this means that unless your situation meets one of the exceptions outlined in the Copyright Act, you must get explicit permission from the copyright holder before you can lawfully reuse, reproduce or redistribute a copyright-protected work – even within the walls of your institution.
This section provides an overview of copyright law, information about important topics such as fair use, special provisions for academic institutions, and a quick reference chart that outlines the types of content protected by copyright.
Special Copyright Provisions for Academia
The Copyright Act contains specific exceptions for the use of copyright-protected materials by academic institutions. These provisions include:
- Section 107 on fair use, which applies to activities such as the use of excerpts for illustration or comment; the unexpected and spontaneous reproduction of classroom materials, and the creation of parodies.
- Section 108 on reproduction by libraries and archives, which applies to activities such as archiving; replacing lost, damaged or obsolete copies; patron requests for entire works; and interlibrary loans.
- Section 109 on first sale, which permits the resale or lending of copies of works, providing the basis for library lending and the sale of used books.
- Section 110 on the use of materials in an educational setting, which permits certain types of content use in the classroom and in distance education.
Duration of Copyright
The term of copyright protection depends upon the date of creation. A work created on or after January 1, 1978, is ordinarily protected by copyright from the moment of its creation until 70 years after the author’s death.
For works made for hire, anonymous works and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.
For works created, published or registered before January 1, 1978, or for more detailed information, you may wish to refer to the public domain section of this guide Circular 15 ( “Renewal of Copyright”), Circular 15a (“Duration of Copyright”), and Circular 15t (“Extension of Copyright Terms”) from the U.S. Copyright Office Web site at www.copyright.gov.
Registration and Notification of Copyright
The way in which copyright protection is secured is frequently misunderstood. Copyright is secured automatically when the work is created and fixed in a tangible form, such as the first time it is written or recorded. No other action is required to secure copyright protection – neither publication, registration nor other action in the Copyright Office. However, registration is highly recommended.
The use of a copyright notice is no longer required under U.S. law, although it is recommended. This requirement was eliminated when the United States adhered to the Berne Convention effective March 1, 1989. If a copyright holder wants to use a copyright notice, he or she may do so freely without permission from or registration with the U.S. Copyright Office. In fact, the use of a copyright notice is recommended because it reminds the public that the work is protected by copyright.
A copyright notice should contain all the following three elements:
- The symbol © (the letter C in a circle), the word “Copyright” or the abbreviation “Copr.”
- The year when the work was first created.
- The name of the owner of the copyright.
Example: © 2016 John Doe
The public domain comprises all works that are either no longer protected by copyright or never were. It should not be confused with the mere fact that a work is publicly available (such as information in books or periodicals, or content on the Internet).
Essentially, all works first published in the United States before 1923 are considered to be in the public domain in the United States. The public domain also extends to works published between 1923 and 1963 on which copyright registrations were not renewed.
All materials created since 1989, except those created by the U.S. federal government, are presumptively protected by copyright. As a result, the chances are high that the materials of greatest interest to students and faculty are not in the public domain. In addition, you must also consider other forms of legal protection such as trademark or patent protection before reusing third-party content.
Public domain materials generally fall into one of four categories:
- Generic information such as facts, numbers and ideas.
- Works whose copyrights have lapsed over time or whose copyright holders have failed to renew a registration (a requirement that applies to works created before 1978).
- Works published before March 1989 that failed to include a proper notice of copyright.
- Works created by the U.S. federal government.
In rare instances, works may also be “dedicated” (i.e., donated) to the public domain. For more information, view the page “When U.S. Works Pass Into the Public Domain”.
Penalties of Copyright Infringement
By reproducing, republishing or redistributing the work of a copyright holder without permission, you may be violating or infringing on his or her rights under the Copyright Act.
If the copyright holder has registered the work with the U.S. Copyright Office prior to the infringement, the copyright holder may sue for compensation. Court-ordered compensation may include damages such as lost profits from the infringing activity or statutory damages ranging from $250 to $150,000, plus attorneys’ fees, for each infringing copy. Even higher damages may be awarded if the court feels that the infringement was committed “willfully.”
You may also be criminally liable if you willfully copy a work for profit or financial gain, or if the copied work has a value of more than $1,000. In these cases, penalties can include a one-year jail sentence plus fines. If the value is more than $2,500, you may be sentenced to five years in jail plus fines. Criminal penalties generally apply to large-scale commercial piracy. For more information, view “Copyright Infringement and Remedies”.
There is no such thing as an “international” copyright that automatically protects a work throughout the world. However, the most widely-adopted copyright treaty, the Berne Convention, states that once a work is protected in one of the Convention member countries, it is protected by copyright in all of them. As of early-2008, 163 countries, including the U.S., belong to the Berne Convention.
The Berne Convention further states that the scope and limitations of any copyright are based upon the laws of the country where the misuse of the copyright-protected work takes place (rather than the country where the work originated). For example, if you photocopy an article in the U.S., then U.S. copyright law applies to determine whether that copy was lawful. Similarly, if you digitize an image in the UK, the copyright laws of the UK apply to determine whether that digitized use is lawful.
There are grey areas, however, when it comes to the online usage of copyright-protected content. For example, if an article is uploaded in the U.S. and then viewed on a Web site in Australia, where is the “copying” taking place – and is more than one “copy” being made? Courts in the U.S. and around the world have yet to provide definitive answers as to what country’s laws should be used to determine online copyright infringement in this case. To avoid a potential legal challenge from the copyright holder, many institutions follow a policy of “when in doubt, obtain permission” in these situations.