This document provides basic information about copyright. Other documents in the Copyright Series build on this information.
Definitions
Author: In general, the person who creates the work. In
cases of "work made for hire," such as reporters who write for a
newspaper, the authorship rights belong to the entity or organization
that hired the creator.
Copyright: The protection of original works from being
replicated or distributed without the author's consent. Copyright
covers expression, not facts or ideas.
Fair Use: Doctrine that allows the copying of limited
portions of a work for purposes such as commentary, criticism, news
reporting, teaching and research.
Implied License: The ability of users to copy works as
part of "normal" activity. For example, it is necessary to make a copy
of a website from the host's server for it to appear on the user's
screen. Also, the web browser may put a copy of the website in its
cache.
Public Domain: Works that are free to be copied and
distributed without prior consent from the copyright owner. For
example, most government publications are in the public domain.
Concept
Copyright laws exist to protect the rights of authors to control how
their original works are copied, displayed, modified and distributed.
It applies to images, articles, and web designs seen online just as
much as it applies to artwork, books, articles, and music available in
stores. Just because the digital era has made copying online materials
simple does not mean that doing so without permission is legal or
morally justified.
When Copyright Is Granted
Creative works are copyrighted the moment they are fixed in a
tangible form -- for example, on paper, on a recording, or
electronically stored on a hard drive or floppy disk. No copyright
notice is necessary, although it can help in legal cases.
What Is Protected
Copyright protects "original works" that are fixed in a tangible
form of expression. In the online world, works protected under
copyright include:
- Articles
- Web designs
- Programming code
- Music
- Artwork or graphics
- Photographs
Assume a work is copyrighted unless explicitly stated otherwise.
What Is Not Protected
In general, copyright does not protect works that have not been
fixed in a tangible form of expression, such as improvisational
speeches that have not been written or recorded. However, all works
online, including e-mail messages, have been recorded in some way in
order to be transmitted electronically. Therefore, assume all works
available online are protected by copyright law unless explicitly
stated otherwise.
Copyright law does not protect:
- Titles
- Names
- Slogans
- Ideas
- Methods
- Principles
- Common information such as standard calendars, height and weight charts, etc.
- Facts (however, a creative compilation of facts would be protected)
Remember, materials not protected under copyright law may be protected under trademark or patent law.
Public Domain
Authors can place their works in the public domain by explicitly
stating the work is in the public domain. Work in the public domain can
be copied and distributed without prior consent from the author.
Also, for most works today copyright lasts for the life of the author plus 70 years. The work then enters the public domain.
In general, federal documents and publications are not
copyrighted, so they are in the public domain. There are exceptions.
For example, private contractors hired by the government can create
copyrighted materials.
Fair Use
The fair-use limitation in copyright law is intended to allow
limited copying for socially important endeavors such as criticism,
news reporting, teaching and research.
Fair use is often misunderstood. Making copies for
non-commercial purposes does not automatically protect the user from
copyright infringement.
Four factors are taken into account when determining fair use:
- Purpose of the use
- Nature of the work
- Amount or substantiality of the use
- Effect on the market
Disclaimer
This information is provided for general informational and
reference purposes only and is not meant to be a substitute for seeking
legal advice. |
