Technology

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 has been recognized as fair use?

•Criticism & Commentary A book publisher used several stills from the famous 1963 Zapruder footage of President Kennedy's assassination for the historical book Six Seconds in Dallas. Time Inc., the owner of the footage, sued the book publisher for copyright infringement. In Time Inc. v. Bernard Geis Associates, the court ruled that the publisher's use of the stills was "fair and reasonable," in part because the use was based on a factual and historical news event.3 •Parody An episode of the TV cartoon "Family Guy" made fun of comedian Carol Burnett's image and signature characters from her 1960's comedy variety show. In Carol Burnett v. Twentieth Century Fox, the court ruled that the show's use was fair, in part because the "Family Guy" episode was designed to parody Burnett as a public figure, using a relatively small percentage of copyrighted material, and would not substitute for the original in any market.4

How long does copyright last?

•For original works created after 1977, copyright lasts for the life of author/creator + 70 years from the author's death for his/her heirs. •For "works made for hire" corporate works and anonymous works created after 1977, copyright can last from 95-120 years from publication.

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

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)

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.

When does copyright start? Do I have to register the work with the government?

Copyright status is automatic upon creation of your original creative work in a fixed, tangible form. Registration with the U.S. Copyright Office is not necessary for copyright status and protection, though registration is needed in order to pursue an infringement claim in court.

Who owns the copyright in recorded music?

It depends. If a person writes a song and records it, that person is the creator and owns the copyright. But professionally produced music can have many copyright owners. For example, the copyright to a particular sound recording may be owned by the songwriter, the performer, the producer, a record label, a publisher, or a combination thereof.

What is licensing?

Licensing is when a copyright owner gives permission for someone else to do something normally restricted by copyright law. For example, the creator of a song may license a song to an advertising agency, allowing the ad company to use parts of her song in a television commercial in exchange for compensation.

If I have an idea in my head, is it automatically copyrighted?

No, ideas are not copyrightable. Only tangible forms of expression (e.g., a book, play, drawing, film, or photo, etc.) are copyrightable. Once you express your idea in a fixed form — as a digital painting, recorded song, or even scribbled on a napkin — it is automatically copyrighted if it is an original work of authorship.

When I buy music, either online or offline, do I get copyright in the work?

No, when you buy music, you own that copy of the music. If you bought a CD, you are allowed to sell that particular copy or make fair uses of it, but you don't own a copyright in the music itself. If you bought a song on iTunes or other service, your ownership of it may be subject to certain restrictions.

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."

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 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: 1.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? 2.The nature of the original: Was the original work creative or primarily factual? 3.Amount used: How much of the original work was used, and was that amount necessary? 4.Effect: Did the use harm the market for the original work? For example, would people buy this work instead of the original?

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.

How do I formally register my original, creative work?

You can fill out the form and submit a filing fee at the U.S. Copyright Office website.