Copyright, Fair Use, & Public Domain!!

What is the public domain?

Public domain works are not restricted by copyright and do not require a license or fee to use. Public domain status allows the user unrestricted access and unlimited creativity!

What works have expired into the public domain?

All works published in the U.S. before 1923 All works published with a copyright notice from 1923 through 1963 without copyright renewal All works published without a copyright notice from 1923 through 1977 All works published without a copyright notice from 1978 through March 1, 1989, and without subsequent registration within 5 years

Who owns the copyright?

Author/Creator Author/Creator's heirs if the creator is dead (living family) Creators of a joint work automatically share copyright ownership unless there is a contrary agreement. (e.g., If two students write an original story together, they share the copyright.) Anyone to whom the author/creator has given or assigned his or her copyright (e.g., an employer if the copyrighted work is created under a "work made for hire" agreement, a publisher or record company if the copyrighted work is given in exchange for a publishing or recording contract). Usually this means that the author/creator has given up his or her own copyright in the work.

What is copyright?

Copyright is a form of legal protection automatically provided to the authors of "original works of authorship," including literary, dramatic, musical, and artistic works.

How does fair use fit with copyright law?

Copyright law embodies a bargain. It gives copyright holders a set of exclusive rights for a limited time period as an incentive to create works that ultimately enrich society as a whole. In exchange for this limited monopoly, creators enrich society by, hopefully, contributing to the growth of science, education and the arts.

What has been recognized as fair use?

Criticism & Commentary Parody News reporting Art Scholarship and Research Time-shifting Search Engines

What types of works are protected by copyright?

Literary works Music and lyrics Dramatic works and music Pantomimes and choreographic works Photographs, graphics, paintings and sculptural works Motion pictures and other audiovisual works Video games and computer software Audio recordings Architectural works

How does a creator dedicate a work to the public domain?

One way to dedicate a work to the public domain in the U.S. is to use the Creative Commons Public Domain Dedication. Note that interpretation of a dedication may vary in countries outside of the United States. Creative Commons also offers "CC0," a method of waiving all copyrights and a number of other related rights.

What about plagiarism?

Plagiarism and copyright each address the legitimacy of copying, but plagiarism and copyright differ in important ways. While plagiarism is concerned with the protection of ideas, copyright doesn't protect ideas - it protects "fixed expressions of ideas." Plagiarism is the act of misrepresenting the ownership of an idea. In school, it usually means passing off someone else's ideas as your own in a research paper or other academic work. Plagiarism is wrong, dishonest, and can lead to serious negative consequences in any school or professional setting. One way to avoid plagiarism is to properly cite your sources - a key academic skill. By contrast, copyright is a legal concept extensively embodied by U.S. laws and policies. Copyright law permits individuals to make copies under certain conditions, but violating certain copyright rules is copyright infringement. You can't avoid a copyright infringement claim just by citing your sources (though it may still be the right thing to do).

What is fair use?

The Copyright Act gives copyright holders the exclusive right to reproduce works for a limited time period. Fair use is a limitation on this right. Fair use allows people other than the copyright owner to copy part or, in some circumstances, all of a copyrighted work, even where the copyright holder has not given permission or objects.

Where can I find public domain works?

The sites below will guide you to a cultural wealth of public domain books, images, illustrations, audio, and films where the copyright term has expired or the creator has not renewed the license. Remember, public domain works are free and available for unrestricted use. Enjoy and be creative! Smithsonian Institution Public Domain Images New York Times Public Domain Archives Project Gutenberg, a collection of public domain electronic books Librivox, public domain audio books Prelinger Archives; a vast collection of advertising, educational, industrial, and amateur films.

Are there any copyright limitations?

There are several limits on copyrights. For example: Fair Use allows the public to use portions of copyrighted work without permission from the copyright owner. To decide whether a use is a fair use, courts look at four factors: The purpose and character of the second use: Is it just a copy, or are you doing something different from the original work? Is your use commercial? The nature of the original: Was the original work creative or primarily factual? Amount used: How much of the original work was used, and was that amount necessary? Effect: Did the use harm the market for the original work? For example, would people buy this work instead of the original? First Sale allows a consumer to resell a product containing copyrighted material, such as a book or CD that the consumer bought or was given, without the copyright owner's permission. Public Domain works can be freely used by anyone, for commercial or noncommercial purposes, without permission from an original copyright owner/author. Public domain status allows the user unrestricted access and unlimited creativity! These works may be designated for free and unlimited public access, or they may be no longer covered by copyright law because the copyright status has expired or been forfeited by the owner.

What is not protected by copyright?

Unfixed works that have not been recorded in a tangible, fixed form (e.g., a song you made up and sang in the shower) Work in the public domain (see below) Titles, names, short phrases, and slogans; familiar symbols or designs; numbers Ideas and facts Processes and systems (e.g., the Dewey decimal system) Federal government works (e.g., the tax code)

How does the court know if a use is fair?

Whether a use is fair will depend on the specific facts of the use. Note that attribution has little to do with fair use; unlike plagiarism, copyright infringement (or non-infringement) doesn't depend on whether you give credit to the source from which you copied. Fair use is decided by courts on a case-by-case basis after balancing the four factors listed in section 107 of the Copyright Act. Those factors are: The purpose and character of the use of copyrighted work Transformative quality - Is the new work the same as the copyrighted work, or have you transformed the original work, using it in a new and different way? Commercial or noncommercial - Will you make money from the new work, or is it intended for nonprofit, educational, or personal purposes? Commercial uses can still be fair uses, but courts are more likely to find fair use where the use is for noncommercial purposes. The nature of the copyrighted work A particular use is more likely to be considered fair when the copied work is factual rather than creative. The amount and substantiality of the portion used in relation to the copyrighted work as a whole How much of the copyrighted work did you use in the new work? Copying nearly all of the original work, or copying its "heart," may weigh against fair use. But "how much is too much" depends on the purpose of the second use. Parodies, for example, may need to make extensive use of an original work to get the point across.2 The effect of the use upon the potential market for or value of the copyrighted work This factor applies even if the original is given away for free. If you use the copied work in a way that substitutes for the original in the market, that will weigh against fair use. Uses of copyrighted material that serve a different audience or purpose are more likely to be considered fair. These factors are guidelines, and they are not exclusive. As a general matter, courts are often interested in whether or not the individual making use of a work has acted in good faith.