FAQs

What Does Copyright Cover?

The U.S. Copyright Act, 17 United States Code, Section 101 - 810, is Federal legislation enacted by Congress under its Constitutional grant of authority to protect the "writings" of authors. The evolution of technology has led to an ever expanding understanding of the word "writings." The Copyright Act now reaches architectural design, software, the graphic arts, motion pictures, sail boat hull designs, and sound recordings.

What Does Copyright Confer Upon the Owner?

A copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license their expressions. The owner also receives the exclusive right to produce or license derivatives of his or her expressions. Limited exceptions to this exclusivity exist for types of "fair use." To be covered by copyright an expression must be original and in a concrete "medium of expression." Under current law, expressions are covered whether or not a copyright notice is attached and whether or not the work is registered.

Are There Any Limits on Copyright?

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of "fair use," which is given a statutory basis in section 107 of the 1976 Copyright Act.

How Can You Tell If an Item Is Copyrighted?

No publication or registration is required to secure a copyright under present law. Prior to 1978, this was not the case. Currently a copyright is secured automatically when the expression is created and fixed in a concrete medium of expression for the first time. Publication is no longer a key to obtaining statutory copyright. A copyright is claimed when a copyright notice is included on the item. A copyright notice has three elements:

• The copyright symbol is a Circle C, ©, or the word copyright or the abbreviation COPR, or the symbol Circle P, for phonorecords.
• The year of the first publication.
• The name of the copyright owner or abbreviation, for example, John Doe, 1989.

When Does Copyright Not Apply?

• The item was published before January 1, 1978 and was never copyrighted. (Both must be documented.)
• The item has an expired copyright. (All copyrights prior to 1919 have expired.)
• The item is a U.S. Government publication containing no copyrighted materials from other sources.
• Permission to copy has been received from the copyright owner.
• You are the copyright owner.

For more information on allowances and limitations on copyright uses in an academic environment, please use the side navigation bar.