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Copyright

Copyright Basics

What is Copyright?

Copyright is a form of intellectual property protection granted to original works of authorship under U.S. law (title 17, U.S. Code). It takes effect automatically the moment a creator fixes or captures the work in a tangible form of expression. It is not necessary for the creator to register their copyright with the Copyright Office or include a copyright statement to be protected.

What is Copyrightable?

Examples of copyrightable items include books, photographs, illustrations, fine art, audio, films, web content, compositions, designs, etc... Anything that can be written down, recorded, or put in a form where it can be perceived, reproduced or communicated. 

What is NOT Copyrightable?

 

Only original works that took at least a minimal amount of human creativity and have been put into a fixed form can be copyrighted. The Supreme Court has said that, to be creative, a work must have a “spark” and “modicum” of creativity. Facts cannot be copyrighted, for example, a directory of names, or the list of ingredients and steps in a recipe. Other things that are not considered to be "creative" are short phrases and slogans, familiar symbols or designs and slight variations in typographic ornamentation, lettering or coloring. Copyright protects expression, not ideas, procedures, methods, systems, processes, concepts, principles, or discoveries.

 

Rights Provided to Creators by Copyright 

  • The right to reproduce
  • The right to create derivative works (eg: adapting a book into a play)
  • The right to distribute copies, or transfer ownership of the work
  • The right to perform the work publicly
  • The right to display the work publicly
  • The right to perform the work publicly via digital audio transmission (if sound recording)

 

Exceptions to Copyright Law

Copyright law contains some exceptions that allow the use of copyrighted materials for educational purposes. These provisions include the Fair Use Doctrine, section 107, and the Libraries exception ADD MORE DETAIL HERE.  See the Fair Use tab for more information.