Basic Copyright Information
The Copyright Act grants creators protection in their works by bestowing upon them a bundle of exclusive rights with respect to their works:
What is Protected by Copyright?
Copyright provides legal protection to authors of original works, including literary, dramatic, musical, artistic, and certain other intellectual works fixed in a tangible form. U.S. copyright law applies to works regardless of whether they are published or have been registered for copyright. Copyright protection allows the author the following exclusive rights for a specified period of time, after which the work becomes part of the public domain:
• To reproduce the work
• To prepare derivative works based upon the work
• To distribute copies by sale or other transfer of ownership, or by rental, lease, or lending
• To perform the work publicly
• To display the work publicly
Copyright law is complex and allows certain exemptions for purposes of study and teaching.
Not all types of works are entitled to copyright protection. See the (nonexhaustive) table below.
| Copyrightable Works | Non-Copyrightable Works |
|
Literary Works |
Works not fixed in a tangible form (e.g. ideas) |
| Musical works (including accompanying lyrics) | Short phrases, slogans, commercial symbols/colors (however, these may be protected by trademark law) |
| Dramatic works (including accompanying music) | Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration |
|
Choreographic works and pantomimes (must be fixed in a tangible form, e.g. recorded or notated) |
Works consisting entirely of common data (e.g. calendar, government weights/measures charts) or entirely of facts (although creative assembly of facts can be subject to copyright, the facts themselves cannot) |
| Pictorial, graphic, and sculptural works | Spontaneous speeches that have not been formally fixed into a tangible form
|
| Motion pictures and other A/V works | Spontaneous musical or choreographic works |
| Sound recordings | Federal government documents (mostly) |
| Architectural plans | |
| Computer programs |
About This Guide
This guide presents information on copyright law in the context of educational instruction and scholarship from a variety of authoritative sources. The purpose of this guide is to empower both educators and scholars to make informed decisions when incorporating copyrighted material in the course of academic instruction or research by providing accurate information on relevant copyright law as well as guidance on how to evaluate the use of copyrighted works. The information presented in this guide is not legally binding and does not represent legal advice. The guidelines and best practices featured herein are intended to assist in the evaluation of the use of copyrighted material and are based on a variety of interpretations of copyright law. These guidelines are not acknowledged as legally sanctioned methods and thus, the courts are not beholden to what they may or may not suggest is permissible use. It is advisable to always conduct a fair use analysis when considering the use of copyrighted material. If, after such analysis, there remains uncertainty, it is recommended that you contact the rightsholder directly, or contact the DIU library to inquire about the purchase of a license.
Copyright Resources
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Sections of this guide are reused or adapted from Florida State University Libraries and Bentley University Library with permission.
