The information contained in this guide is educational and not to be use as legal advice.
If you are seeking legal advice, please contact Intellectual Property/Copyright attorney.
Copyright | Intellectual property | Fair use |
Copyright law | Infringement |
A person receives copyright protection for their work the moment the work becomes fixed in a tangible form in the U.S.
Other countries require registration of the work to have copyright protection.
Creative commons (2020) p. 16
Exceptions |
Limitations |
fair use |
compulsory licensing |
teaching and scholarship |
precise listing of activities |
criticism and commentary |
market value |
parody |
|
equality of access |
Creative commons (2020) pp. 31 - 34
Two main purposes of copyright:
One purpose is the right of a creator to control how their work will be used, distributed, and passed on to others.
The other purpose is an economic one about providing incentives of develop creative work.
Copyright is to protect the expression of facts and ideas. Not the facts or ideas themselves.
Copyright in the U.S. is automatic the moment something become fixed in a tangible medium.
In the U.S. copyright last the life of the creator plus 70 years.
Copyright is also a balancing act between the creator and public interest.
Creative commons (2020) pp.17-18
Is |
Is Not |
original creations |
facts and names |
literary |
lettering and coloring |
dramatic |
short phrases and slogans |
musical |
symbols and designs |
artistic |
listing of ingredients or contents |
computer software |
works by the U.S. government |
architecture |
works that copyright has expired |
audiovisual |
public domain |
Copyright Clearance Center (2021)
Public domain is:
Works that copyright has expired.
Works that did not have a copyright to them.
Works that are in the interest to communities as a whole.
Works that can be freely copied, shared, altered by anyone.
Vector illustration of a public domain sign. Black and white drawing of a symbol for content without copyright. Public domain https://publicdomainvectors.org/en/free-clipart/Public-domain-logo-vector-clip-art/24004.html
The definition of intellectual property (IP):
A type of property that involves intangible human creativity.
Two types of IP are trademarks and patents.
Copyright is under the umbrella of intellectual property.
Creative commons (2020) p. 22
The figures used throughout this page are CC-licensed works or are available in the public domain. The list below includes the URLs for each CC license or public domain tool referenced in the figures, so you can easily navigate to the appropriate license.
Public domain clipart https://publicdomainvectors.org/en/free-clipart/Public-domain-logo-vector-clip-art/24004.html
The U.S. Copyright Office is part of the Library of Congress and in addition to registering copyright claims, this office provides information on all things copyright. Some useful links on their websites:
Copyright Clearance Center. (1995-2022). So, what is (and isn’t) protected by copyright? https://www.copyright.com/learn/what-isnt-protected-copyright/#:~:text=Not%20Protected%20by%20Copyright%3A&text=Titles%2C%20names%2C%20short%20phrases%20and,listings%20of%20ingredients%20or%20contents
Creative commons for educators and librarians (Creative Commons, Comp.) [PDF]. (2020). Unit 2: Copyright law. ALA Editions. https://certificates.creativecommons.org/about/certificate-resources-cc-by/