Copyright and Fair Use

Copyright -- the fundamentals

What is copyright?

Copyright is a legal means for content creators to determine how their work is used. These "uses" include reproduction (making copies), distribution (licensing) and the production of derivative copies (such as sequels). Since 1989, all original works are protected by copyright law from the moment that they are "fixed" or recorded in a physical or digital medium regarded as permanent.

What this means to you:

If you are the copyright holder:

• you can distribute or sell your work
• you can make copies
• you can perform or display your work publicly
• you can modify your work -- adapt it, alter it

In order to use a portion or the entirety of a copyright-protected work by someone else:

• you must seek permission from the copyright holder unless your use falls under the fair use exception.

Things NOT covered by copyright protection:

Some types of things cannot be copyrighted:

• facts, ideas, systems, processes, or methods of operation (although the "expression" of these may be)
• titles, slogans, short phrases or clauses, single words (although some may be protected under trademark law)
• ingredient lists or most recipes
• blank forms

Other sources of material are never, or no longer protected under copyright law:

• materials created by the federal government (although items provided by government contractors may be)
• works that are in the public domain

What types of works can be copyrighted?

• literary works;
• musical works, and accompanying words;
• dramatic works, and accompanying music;
• pantomimes and choreographic works;
• pictorial, graphical, and sculptural works;
• motion pictures and other audiovisual works;
• sound recordings;
• architectural works

Could a work have more than one copyright?

Yes. Works that are performed almost always have multiple copyrights -- one for the words, score or screenplay and another for a specific recorded performance. Others may have separate copyrights for introductions or prefaces that were added to previously copyrighted works. Always check the copyright notices of the work to identify what copyrights apply.

How long does copyright last?

The length of any particular copyright may vary, because it depends upon when a work was created. But here are general rules:

• In general, copyright lasts for the life of the author plus 70 years.
• For works created for hire (which covers the work done by many employees, depending on their contract), copyright lasts 95 years from publication or 120 years from date of creation, whichever expires first.

Peter B. Hirtle's Copyright Term and the Public Domain in the United States provides a chart that will help you determine the date for materials more specifically.