Kara Sears
Copyright is a category of intellectual property that protects original works of authorship after the author fixes the work to a tangible medium. Copyright laws vary across jurisdictions, but they generally grant the copyright holder exclusive rights to use, reproduce, publicly display, or distribute their work. This means that anyone wishing to use a copyrighted work must obtain permission from the copyright holder, or risk facing legal consequences. However, in some cases, certain uses of copyrighted works may be considered fair use and may not require permission from the copyright holder. These fair use exceptions are typically for non-commercial purposes such as criticism, commentary, news reporting, teaching, or research. It's important to note that what constitutes fair use can vary depending on the specific circumstances and the jurisdiction involved. To avoid copyright infringement, it is generally advisable to assume that a work is copyrighted unless there is reliable information to the contrary, and to seek legal advice if necessary.
| Characteristics | Values |
|---|---|
| How to avoid copyright infringement | Always assume that a given work is protected by federal copyright unless you can confirm it is not |
| How to avoid copyright infringement | Facts and ideas are considered public domain |
| How to avoid copyright infringement | Works created before 1923 are considered public domain |
| How to deal with copyright infringement | File a civil lawsuit against the infringing party |
| How to deal with copyright infringement | Request a court order demanding the infringing party to stop using the copyrighted material |
| How to deal with copyright infringement | Seek monetary compensation for any harm that has occurred as a direct result of the infringement |
| How to get around copyright laws | Obtain permission from the copyright holder |
| How to get around copyright laws | Use content that is available for uncompensated reuse |
| How to get around copyright laws | Use content that is considered "fair use" |
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What You'll Learn
Fair use
The doctrine of fair use originated in common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied and "stifling the very creativity which [copyright] law is designed to foster." It was later enshrined in statutory law when the U.S. Congress passed the Copyright Act of 1976.
Section 107 of the Copyright Act provides the framework for determining fair use and identifies certain types of uses that may qualify, such as criticism, comment, news reporting, teaching, scholarship, and research. Courts are more likely to find that nonprofit educational and noncommercial uses are fair, but they will balance the purpose of the use, the amount used, and the impact on the market for the original work.
The Fair Use Index is a searchable database of court opinions that can help users understand what types of uses courts have previously determined to be fair or not fair. However, it is not a substitute for legal advice, and only a federal court can ultimately determine whether a particular use is fair.
In conclusion, fair use is a vital aspect of American copyright law that allows for limited use of copyrighted material without permission, but it is important to understand the specific circumstances that qualify as fair use and to seek legal advice when necessary.
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Public domain
Copyright laws are designed to protect creative works from unauthorized use or infringement. Works under copyright protection include those that are written on paper, recorded digitally, or typed electronically—or anything that can be heard, seen, read, or touched.
Copyright protection does not last forever, and when the copyright term expires, a work becomes part of the public domain. The public domain includes creative works that are not protected by intellectual property laws such as copyright, trademark, or patent laws. Works in the public domain can be used by anyone without obtaining permission, but no one can own them or assert exclusive rights over them.
There are four common ways that works enter the public domain:
- The copyright term expires. Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first.
- The work is not eligible for copyright protection in the first place. For example, ideas, facts, titles, discoveries, procedures, and works created by the U.S. federal government cannot be copyrighted.
- The work is published before a certain date. For example, works published before 1925 are typically in the public domain.
- The work is a government work. All government works automatically enter the public domain.
It is important to note that while individual works in the public domain cannot be copyrighted, collections of these works may be under copyright. For example, an anthology of old stories in the public domain may itself be under copyright as a collection.
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Creative Commons licenses
Creative Commons (CC) licenses are a standardised way for creators and institutions to grant the public permission to use their creative work under copyright law. There are six types of Creative Commons licenses, which are listed here from most to least permissive:
- CC BY: This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format, as long as they attribute the creator. It also allows for commercial use.
- CC BY-SA: This license has the same permissions as CC BY, but also requires that any adaptations of the work must be shared under the same terms.
- CC BY-ND: This license allows reusers to copy and distribute the material in any medium or format without adaptations, as long as they attribute the creator. It does not allow for commercial use.
- CC BY-NC: This license has the same permissions as CC BY-ND, but it does allow for commercial use.
- CC BY-NC-SA: This license combines the conditions of CC BY-NC and CC BY-SA. It allows for non-commercial distribution, remixing, and adaptation, as long as adaptations are shared under the same terms, and the creator is attributed.
- CC BY-NC-ND: This license enables reusers to distribute the material in any medium or format without adaptations, as long as they attribute the creator. It does not allow for commercial use.
In addition to these six licenses, there is also CC0 (also known as CC Zero) public dedication tool that enables creators to give up their copyright and put their works into the worldwide public domain. CC0 allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, with no conditions.
It is important to note that CC licenses are non-exclusive and non-revocable. Once a CC license is applied to a work, anyone who receives it may rely on that license for as long as the material is protected by copyright, even if the creator stops distributing it. CC licenses also cannot modify the rights allowed by fair use or exert restrictions that violate copyright exceptions. While the original Creative Commons licenses were written with the US legal system in mind, there are now versions that have been translated and adapted to accommodate international laws and local legislation.
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Non-commercial use
Copyright law is a complex and evolving area of law, and it is often assumed that non-commercial use of copyrighted material is permitted without the owner's consent. However, this is a common misconception, and there are several factors to consider when determining whether non-commercial use of copyrighted material is permissible.
Firstly, it is important to understand that any original work fixed in a tangible medium, including computer files, is protected by copyright law upon creation. Therefore, before using any material, one must assume that it is copyrighted and seek permission from the copyright owner. This can be done by purchasing the material through authorized services, which allows consumers to avoid infringement liability and potential risks associated with unauthorized downloading.
In some cases, copyright holders may provide written permission or license agreements for others to use their work without compensation, with certain requirements outlined in Creative Commons licenses. Additionally, certain uses of copyrighted works may be considered "fair use," which permits the use of copyrighted material without the owner's consent for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Fair use is determined by four factors: the purpose and character of the use, including its commercial nature; the amount and substantiality of the portion used; the effect on the potential market or value of the copyrighted work; and whether the use is transformative, adding something new or different.
While non-commercial use is more likely to be considered fair use, it is not the sole determining factor. For example, in the context of education, distributing copies to individuals outside of enrolled students or charging a profit component for copies could weigh against a finding of fair use. Therefore, when considering the use of copyrighted material for non-commercial purposes, it is important to carefully evaluate all relevant factors and, if in doubt, consult a lawyer.
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Copyright registration
Copyright is a form of intellectual property (IP) protection, designed to give creators, owners, or holders exclusive rights to their original work. Copyright protection is automatic upon creation of the work, but registering your work with a copyright office provides a public record of your claim to the work. This can be useful if you need to take legal action against someone for infringing on your copyright.
The U.S. Copyright Office provides resources and guidance on registering your work. You can register your work through the Electronic Copyright Office (eCO) Registration System. There are different registration options available depending on the type of work you are registering. For example, there are separate group registration options for musical works published on the same album, and for sound recordings, photos, artwork, and liner notes published on the same album. There is also a group registration option for unpublished works.
It's important to note that you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. If you are registering a collection of unpublished works, you cannot use the "Standard Application." Instead, you will need to use an appropriate application form for registering collections.
If someone infringes on your copyright, you may seek to protect your rights by filing a civil lawsuit in federal district court. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation. If you believe your copyright has been infringed, you should consult an attorney.
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Frequently asked questions
Copyright is a category of intellectual property that protects original works of authorship after the author fixes the work to a tangible medium. Works of authorship must possess a minimal amount of creativity and must be independently created by a human author.
The easiest way to avoid copyright infringement is to assume that a given work is protected by federal copyright unless you can reliably confirm that it is not. If you intend to use a copyrighted work, it is best to seek permission from the copyright owner. Some copyright holders make their works available for reuse with a few requirements, such as requiring attribution.
As the copyright owner, you can file a civil lawsuit against the infringing party. You will need to prove that your copyright precedes any usage of the materials by the infringing party. You can request a court order demanding the infringing party stop using the copyrighted material and ask for monetary compensation for any harm that has resulted from the infringement.
