Copyright: Fast Facts

• What is Copyright?
• Fair Use
• Permission

What is Copyright?

Copyright protects the rights of authors of original works and grants copyright holders exclusive rights to reproduce, perform, distribute, translate, or publicly display original works.  Copyright is automatically granted and although registration and notice of copyright are recommended, neither is required for copyright to be enacted.  Copyright length depends on the date of creation and protects all works of literature, music, art, architecture, motion pictures, sound recordings, computer software, and choreography.  Copyright protection also applies to digital content found on the Internet.  Unless you are the legal owner of copyright, permission is required if you intend to use a work in one of the ways listed above.

For more information, see these websites:

• The Campus Guide to Copyright Compliance: For Academic Institutions
• What is Copyright Protected?
• U.S. Copyright Office

Public Domain

Works in the public domain are no longer protected by copyright and do not require copyright permission to be used. Just because works are publicly available does not mean they are in the public domain! For example: documents on the Internet are publicly available, but they are still copyright protected and are not considered to be in the public domain.

• When Works Pass into the Public Domain (Copyright Clearance Center)

Uses in an Educational Setting

Section 110 of the copyright law makes provision for the performance and display of copyright protected works in the classroom so long as certain requirements are met.  Section 110 (1) addresses performance and display in a face-to-face classroom setting with some special provisions for motion pictures.  Section 111 (1) addresses distance learning situations.  The TEACH Act passed in 2003 amended Section 110 (2) and Section 112 (f) of the U.S. Copyright Act.

Copyright Infringement

Copyright infringement is a serious offense and can carry fines and in more serious cases criminal penalties.  For each act of infringement, a person may have to pay $250 - $150,000 in damages and attorney fees.  Criminal copyright infringement can include fines and jail time.

Fair Use

The U.S. Copyright Law does make provision for certain practices which do not require copyright permission to be secured.  This is called fair use.  Fair use allows for uses in commentary, news reporting, parody, research, and education; however, not all uses in an academic context are considered to be fair use.

To determine if your intended usage falls within fair use, consider:

• Whether the use is for criticism, comment, news reporting, education, scholarship, or research.
• The purpose and character of the use including whether it is for commercial use or nonprofit, educational purposes.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used in relation to the copyright protected work as a whole.
• The effect of the use on the potential market for or value of the copyright-protected work.

No one factor can determine whether or not a use is considered fair use and all four factors should be taken into consideration.  Fair use is not a straightforward concept and must be determined on a case by case basis.

• Determining Fair Use (Copyright Clearance Center)
• Fair Use (U.S. Copyright Office)

Permission

Copyright permission should be obtained anytime you want to exercise one of the copyright owner's exclusive rights on a created work.

Follow these steps to secure copyright permission:

1. Identify the copyright owner.
   • Examine the work for the notice of copyright.  This method is not always accurate since no copyright notice may exist or rights may have been transferred.
   • Contact the U.S. Copyright Office.  The Copyright Office will have a list of all registered copyright owners; however, keep in mind that a work does not have to be registered to be copyrighted.
2. Contact the copyright owner
   • It is almost always preferable to secure permission in writing.
   • Publisher websites usually have permissions department contact information.
   • A librarian can also help you research copyright permissions.
3. Secure copyright permission
   • Send a letter or e-mail requesting copyright permission.
   • Many copyright owners may make permission agreement forms available on their website.
   • Collective rights agencies are also useful in securing copyright permission.
   • If you are King College faculty or staff, contact the library for information on how to use the Copyright Clearance Center.
4. Keep a detailed record of your search for copyright permission.
   • You may want to request permission in the future.  Detailed records will save you time and effort.  You may also need to refer to the details of your permission terms in the future.

This guide has been created for informational purposes only and is not legal advice. Individuals and organizations should consult their own attorneys for a legal opinion.