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Copyright: Copyright Fundamentals

A guide to inform faculty and students about copyright, fair use, and more.

Copyright Fundamentals

What is Copyright?

According to the U.S. Copyright Office, copyright is: "a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works."                                                     

The three requirements for copyright:

  • original work;
  • be a work of authorship;
  • exist in a fixed, tangible medium (applicable to both print and digital mediums)

 

What Does Copyright Protect?

Under 17 USCS Section 102 the following is protected:

  • Literature
  • Music and lyrics
  • Drama
  • Pantomime and dance
  • Pictures, graphics, sculpture
  • Films
  • Sound Recordings
  • Architecture
  • Software

Copyright is format agnostic. It applies to to both print and digital content. i.e., "a fixed and tangible medium".

Who Owns the Copyright?

  • The author
  • Those deriving rights through or from the author
    • This can include publishers, record labels, descendants of the author, etc.
  • If the work is done as a "work for hire," the author's employer is the copyright holder
  • If the work has more than one author, two or more authors can own copyright

Derived from the Rebecca P. Butler's 2014 Copyright for Academic Librarians and Professionals

How Long Does Copyright Last?

Depending on when a work was created, it may or may not be protected by copyright. Consult the American Library Association's Digital Copyright Slider to see if what you want to use is in the public domain or if it is still covered by copyright.

What is the Public Domain?

The public domain refers to works that are not copyright protected and can be used freely, without seeking permission. It is important to always check carefully to determine if a particular work is really in the public domain before assuming you may use it without permission. 

The following are examples of public domain works:

  • When copyright has expired, materials move to the public domain
  • United States government documents (note: foreign documents may be protected)
  • >Materials marked with Creative Commons licenses instead of a copyright symbol (note: different licenses affect sharing, use, and attribution)
  • Factual and non-creative works like telephone books

What Does the Right of "First Sale" Mean?

The first sale doctrine allows people who legally purchase copyrighted works to sell or dispose of them as they see fit, with some exceptions. For example, the doctrine lets you loan a legally purchased book or CD to a friend. Libraries have long relied on the first sale doctrine to lend materials to their patrons.

The first sale doctrine was enacted during a time when most copyrighted works were produced in physical formats that made such works difficult to reproduce on a large scale. Many protected works including books are now produced digitally, however, copyright owners have lobbied Congress for new laws that some feel may undermine the "first sale" doctrine.

The first sale doctrine was created when copyrighted works were mostly physical objects that were hard to copy. Today, many protected works, such as books, are digital, and copyright holders have asked Congress for new laws that could weaken the first sale doctrine.

First sale issues are intertwined with licensing and Digital Millennium Copyright Act (DMCA) issues. To learn more about the DMCA, please see the DCMA tab or visit the American Library Association's Introduction to the DMCA.

The DMCA Impacts Digital Distribution of Copyrighted Content

Passed in 1998, the Digital Millennium Copyright Act (DMCA) was intended to address the added complications that the growing world of digital content creation, access, and distribution brought to the question of copyright. While copyright laws and decisions had represented a fairly balanced position between content creator/owner and content user up unto this point, the DMCA ultimately shifted favor closer to the creators and owners of digital content in response to the ease with which digital materials could be shared and transmitted.

Key elements of the DMCA and updates since 1998 include:

  1. Anti-Circumvention: Prohibits bypassing digital locks on copyrighted materials without authorization.
  2. Safe Harbor: Protects institutions from liability for user infringements if they comply with takedown notices.
  3. Takedown Notices: Requires prompt removal of infringing content upon receiving a valid notice.
  4. Library Exemptions: Allows libraries to make copies for preservation and research under certain conditions.
  5. Updates: Includes exemptions for text and data mining research.

A major takeaway of the DMCA in an academic setting is that the liability for legal action resides with the individual who posts, shares, or transmits copyrighted materials without permission. Institutions, including ISPs, are protected from liability posed by their users as long as they take steps to address any digital copyright infringement that they are made aware of by copyright holders.

Section 110(1) Addresses Classroom Performances and Displays

17 USCS Section 110 of the U.S. Copyright Law has multiple parts that are relevant to copyright compliance in academic settings. The first part of Section 110 provides specific exemptions for certain performances and displays of copyrighted works.

Key points from Section 110(1) include:

  1. Face-to-Face Teaching: Allows instructors and students to perform or display copyrighted works during face-to-face teaching activities at nonprofit educational institutions. The copy of the work must have been legally purchased or acquired.
  2. Religious Services: Permits the performance or display of copyrighted works during religious services or assemblies.
  3. Nonprofit Performances: Exempts performances of nondramatic literary or musical works, or displays of works, at nonprofit events where no admission fee is charged, provided the performers, promoters, and organizers do not receive any compensation.
  4. Charitable Organizations: Allows performances of nondramatic literary or musical works by charitable organizations for fundraising purposes, under specific conditions.

The TEACH Act Covers Copyright for Digital and Distance Education

The Technology, Education, and Copyright Harmonization (TEACH) Act is the second part of 17 USCS Section 110. This section of US copyright law was created to facilitate the use of copyrighted materials in digital and distance education.

Key points to the TEACH Act (Section 110(2)) include:

  1. Expanded Use: The TEACH Act allows the use of a broader range of copyrighted materials in online, hybrid, and distance learning, similar to face-to-face teaching.
  2. Eligible Works: It covers performances and displays of nondramatic literary and musical works, as well as reasonable portions of other works, including audiovisual materials, that are directly and materially related to the content of the course and its educational objectives. Each faculty member must decide what a "reasonable portion" is for each material used.
  3. Institutional Requirements: Institutions must be accredited, nonprofit educational institutions or governmental bodies and prevent unauthorized access and distribution of copyrighted materials. This includes educating and providing guidance to faculty, staff, and students on copyright laws and policies.
  4. Technological Measures: Institutions must use technological measures to restrict access to enrolled students and prevent retention or further distribution of the materials outside of the course and classroom; this is commonly done with course management software like Blackboard or Canvas. Additionally, this might include adding watermarks to images, restricting print options, using low-resolution images, etc., to prevent distribution.
  5. Notice to Students: Students must be informed that the materials they access are protected by copyright law; this can be done by including the copyright information in the file itself.

The Music Modernization Act Defines Copyright over Sound Recordings

Definition

A sound recording is a fixed work of musical, spoken, or other sounds. Examples include a track on an album or a podcast episode.

Dual Copyrights

For sound recordings, there are actually two separate copyrights that must be considered: 

  1. The recording itself: the specific performance as recorded on physical or digital media
  2. The underlying composition: the script, lyrics, sheet music, etc.

The dual copyright element means that duration of copyright for the recording and the composition will be different. The copyright date of the underlying composition begins the date it is first published, while the date of copyright for a recording is the date the recording was made. And the duration of both are different as well. See the Public Domain page for more information.

The Rights of Sound Recording Copyright

The copyright holder of a sound recording has the exclusive right to:

  • Reproduce the recording
  • Prepare derivative works
  • Distribute copies
  • Perform the recording publicly (e.g., via digital or streaming access)

What Does this Mean for Faculty? 

Consider these two examples:

Example A: A faculty member records their lecture notes. They hold copyright over both the underlying composition (their script or written notes) and each recording they make. They can:

  • Make the written notes available with a Creative Commons (CC) license, allowing others to share, reuse, and remix them while retaining rights to the recordings.
  • Make both the notes and recordings available for others to use.
  • Keep their copyright exclusive, preventing others from using, distributing, or remixing their notes or recordings.

Example B: A faculty member assigns students to record a piece of public domain sheet music (see UASC's Wildin Collection). Since the copyright for the sheet music has expired, no permission is needed to use it. Once students record their versions, they hold the copyright on their recordings (their specific performances) and can control how these recordings are used, either retaining their rights or allowing them to be used, remixed, and distributed by others.

Major Legal Codes and Law Governing Copyright


Acknowledgement

Portions of this guide were derived from the Copyright Guide at Butler University Libraries. 

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