COPYRIGHT BASCIS
What is Copyright?
Copyright is a form of protection given authors of "original works of authorship," by US federal law (title 17, U.S. Code). Many states have additional laws that compliment the federal statutes. These laws cover literary, dramatic, musical, artistic, and certain other intellectual works, regardless of whether the works are published or unpublished. These laws are continually being refined and updated. The most recent major revision of the law occurred in 1998 with the Digital Millennium Copyright Act.
Two phrases that make copyright so confusing are Public Domain and Fair Use. The first is applied to works that are not covered by copyright law. The second refers to a planned "loophole" in the copyright laws allowing the educational use of materials without paying large fees. Both of these very complex terms are freely bandied about by people without a thorough understanding of their meaning. Of the two, Fair Use is the most complex with enough twists, turns and shades of meaning to make even a lawyer crazy. While this term frequently provides an "out" for the educational use of published materials, it should not be assumed to apply to your project and the materials you want to use. Public Domain is not quiet as complicated, but still frequently erroneously invoked. A published work is considered to be in the Public Domain if they are:
- Federal documents and publications
- Works the copyright owner has expressly allowed be in the public domain
- All works for which the statutory copyright period has expired, this includes works before 1923
What does copyright cover?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. These can include, but is not limited to, the following
- literary works and dramatic works, including any accompanying music
- musical works, including any accompanying words , and sound recordings
- pictorial, graphic, and sculptural works
Copyright law applies to images (drawings, magazine advertisements, photographs, etc.) just as it does any other published work. Even if you are a student or are working on an assignment for class you may still need to get copyright permission, depending on the nature of your project. Getting copyright clearance for materials allows you, depending on the nature of the clearance, to:
- To reproduce the work in copies OR prepare derivative works based upon the work
- To distribute copies of the work to the public by sale OR display or perform the work publicly
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