©2014 Reminders

By Kathy Belcher

Cluster Specialist

Architecture & Construction

Manufacturing

Science, Technology, Engineering & Mathematics

 

Copyright is based on U.S. constitutional rights and the laws of the United States (title 17, U.S. Code) that protect original works of authorship from the moment the work is created or fixed in a tangible form as a copy or a phonorecord (sounds). The original work may or may not be published and/or registered in order to have a copyright, although both have advantages. Original works protected include literature, books, drama, music, poetry, novels, movies, songs, computer software, and architecture. Facts, ideas, systems, or methods of operation are not protected. Copyright differs from a patent, which protects inventions and discoveries, and copyright differs from a trademark, which protects words, phrases, symbols, or designs identifying the source of a product or service. 

 

Ownership rights may be transferred by an owner to another and passed down by a will or inheritance. Permission to use an owner’s work may be obtained by contacting the owner directly. The Copyright Office can conduct a search to identify an owner, but they will not provide a copy of an author’s work unless they have written authorization from the owner to do so. 

 

The term of the copyright varies. If the author is known, the term could be from the first publication date until 70 years past the life of the author. In other circumstances, the term could be as much as 95 years from first publication or 120 years after the year of creation of the work. Work that is no longer copyright- protected is said to be in the public domain and may be used without asking permission of the owner. Copyright notice is no longer required under U.S. law, so make sure work is in the public domain before using another’s work without permission.

 

A copyright owner has the right to reproduce or to authorize others to reproduce the work, subject to a limitation found in sections 107-108 of the copyright law (title 17, U.S. Code) known as fair use. Section 107 lists purposes for which reproduction of work may be considered for comment, criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. Four factors are considered in determining if the use of another’s work falls within the fair use limitation. 

1. Is the use of commercial nature, or is it for nonprofit, educational purposes?
2.  What is the nature of the copyrighted work?
3.  What is the amount of the work used in relation to the work as a whole?
4. What is the effect of the work used upon the market?

 

“As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, displayed, or made into a derivative work without permission of the copyright owner” (2012). Refer to Title 17 of the United States Code to comply with the copyright law.

Following are 10 reminders to consider when using another’s work.

1. There are no set rules on what amount of use constitutes “fair use.”
2. Original work located on a website may be protected by copyright.
3. Website domain names are not protected by copyright.
4. Uploading and downloading copyrighted works is an infringement, and it is best to go through an authorized Internet service to purchase copyrighted works online.
5. Ownership of a copy of a photograph is not considered ownership of the work (which is intellectual property). 
6.  Architectural work, including a building, plans, and drawings, are copyright protected (with some exceptions for designs prior to 1990).
7. A copy of an original computer program may be made providing the owner is making a copy for archival (back-up) purposes and destroys or transfers the archival copy with the original copy when they sell or transfer the original copy. (See Section 117 of the Copyright Act.)
8. Teachers in a nonprofit school may show a lawful version of a movie without obtaining permission for use with teaching activities, but not for recreational or entertainment purposes.
9. An employer is considered to be the author of the work an employee is hired to prepare according to Section 101 of the copyright law. 
10. Permission to create derivative works from an original work requires permission from the owner.

For locating text, videos, or images on Google that may be fair use, set the usage rights filters on the advanced search and the advanced image search. Google Images contain copyright protected content, so it is important to know if use is fair use or infringement.   

Copyright is a constitutional right protected by the laws of the United States to the authors of original work. Refer to the U.S. Copyright Office and Title 17 of the United States Code when determining what is fair use and infringement. “The safest course is to get permission from the copyright owner before using copyrighted material” (2012). 

 

References

• United States Copyright Office (2012). Copyright basics. Retrieved April 23, 2014 from U.S. Copyright Office website: http://www.copyright.gov/circs/circ1.pdf.
• United States Copyright Office (2012). Frequently asked questions about copyright. Retrieved April 23, 2014 from U.S. Copyright Office website: http://www.copyright.gov/help/faq/.