Copyright Basics 

You've seen it in books, on your CDs, in movie credits, and on the Web.

What's the Big Deal with the Little © ?

It's a small symbol for a big concept...COPYRIGHT.

What Is Copyright?

Copyright is a form of legal protection given to authors or creators of "original works of author-ship," including literary, dramatic, musical, artistic and other intellectual works. Whenever you write a story or poem or even a paper for your class, create a drawing or other artwork, make a video, or put something up on the Web it is in a "tangible medium" and you automatically own the copyright to it. You don't even have to register it, attach a copyright notice or even put the little © for copyright on it!

As the author of the work, you alone have the right to:

• Make copies of your work;
• Distribute copies of your work;
• Perform your work publicly (such as plays, films, music, or dances)
• Display your work publicly (such as artwork, or any material used on the Internet or television)
• Make "derivative works" (including making modifications, adaptations, or other new uses of your work)

In general, it is illegal for anyone to do any of the things listed above with a work you created without your permission. Of course, it also works the other way: if you infringe on someone else's copyright, you could find yourself in a lot of trouble.

Why Should You Care About Copyright?

Two reasons:

It's the right thing to do. We should all respect the rights of owners and creators of copyrighted material. Do unto others....

It's the law. Individuals (including students) can and have been sued for copyright infringement. Penalties can be quite severe. If a lawsuit is brought and you are found guilty of copyright infringement, you may simply be asked to stop; however, you may also have to pay a great deal of money (up to $150,000 per infringement, plus attorneys fees) and face criminal charges. Understand that individuals at Nichols College are responsible for their own actions when it comes to the use of copyrighted materials.

Is Everything Copyrighted?

There are exceptions and limits to copyright protection.

You do not need permission to use:

• Works that have not been fixed in a tangible form of expression (such as dances that have not been recorded or notated or improvisational speeches/performances that have not been written or recorded).
• Titles, names, short phrases and slogans, mere listings of ingredients or contents (but some titles or slogans might be protected under trademark law if their use is associated with a particular product or service).
• Ideas, procedures, methods, systems, concepts, processes, discoveries or devices (but written descriptions, explanations, or illustrations of such things are protected).
• Works consisting entirely of information that is commonly available and contains no originality (such as standard calendars, standard measures and rulers).
• Works in the ‘public domain', including most works produced by the U.S. government and works for which the copyright has expired. Note: The Internet is NOT public domain.

Limits to Copyright Protection: Time and Fair Use

Copyright protection does not last forever. Materials published before 1922 are in a category known as ‘public domain' and therefore have no copyright protection. (This, for example, is why you can find all of Shakespeare's plays on the Web!) Materials published after 1922 will not enter the public domain until 2018. The length of protection has fluctuated over the years due to changes in the law but the current coverage is 70 years after the death of the person who created the work. (Even anonymous works are covered 95-120 years from their creation.)

Another important limit to copyright is the doctrine of ‘fair use'. ‘Fair use' is a provision in the law that allows limited copying of copyrighted works for educational and research purposes --- such as critiquing, commenting, news reporting, teaching ---- without having to seek permission or pay any fees. Note: This does not mean that just because you are doing something educational you have the freedom to copy whatever you want.

When determining if a use was ‘fair use' or an infringement, courts consider four factors. Courts are supposed to look at all the factors and balance them; some factors, particularly the effect of the use on the potential market, may be given more weight than others in a given case:

1. The purpose of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (noncommercial educational use is more likely to be fair use).
2. The nature of the copyrighted work; the more factual and less creative  the work, the more likely it will be fair use;
3. The amount used in relation to the copyrighted work as a whole; the more taken, the less likely to be fair use; and
4. The effect of the use on the potential market value of the copyrighted work; are you depriving the copyright owner from making a profit. Note: Just because you are not making a profit does not mean you can do whatever you want.

What Does This Mean in Plain English! What Can I Do, and What Can't I Do?

• Assume everything is copyrighted, including everything on the Internet. Copyright owners are not required to place a notice or © symbol.
• Unless you are absolutely sure it is either in the public domain or would be considered fair use always ask permission. When in doubt, ask permission.
• You can make copies of small portions (a book chapter, a single article, a single poem, etc.) in order to do research and study. You can download, transmit and print out images for personal study and for use in the preparation of academic course assignments.
• You can quote small portions of other people's works. (Remember to cite the original source.)
• If your use of a work falls under the fair use provision you do not have to get permission from the copyright holder, but you still need to give them credit. Failure to do so is plagiarism.
• Copyrighted images, graphics, video, sounds, and written material should always be referenced/cited, even if it is a one-time use for a class presentation or project. If the use of the work does not fall under the fair use provision, then you must ask permission from the copyright owner before you use it.

If you are going to copy, copy right!

For more information on copyright, see:

10 Big Myths About Copyright Explained
(Actually find 11 myths related to copyright laws as it applies to Usenet and the Internet. Includes a section on copyright and hyperlinks.)

Copyright & Fair Use
Portal on copyright from Stanford University Libraries. Includes overview of current copyright laws.

U.S. Copyright Office
Provides forms and reports, registration procedures, and federal regulations. Read the copyright law history, press releases and speeches.

Copyright Resources For Faculty:

"Crash Course in Copyright" from University of Texas
The University of Texas System's Office of General Counsel offers this copyright online tutorial covering intellectual property concerns relevant to the academic community.

Copyright Harbor
"This web page represents the authors best attempt to explore"fair use" in the not-for-profit educational setting and present it in an informative and entertaining way."