Copyright Guide

Who Owns the Copyright of a Work?

• The copyright in a work initially belongs to the author(s) who created that work.
• When a work is published, the publisher often owns the copyright. For example, when you submit a manuscript for publication, review the contract you signed at publication to determine who owns the copyright.
• “Works made for hire” are an important exception to the general rule for claiming copyright. When a work is made for hire, the author is not the individual who actually created the work. Instead, the party that hired, i.e., author's employer, is considered the author and the copyright owner of the work.

Source: Copyright Basics, Circular 1, U.S. Copyright Office, available online at https://www.copyright.gov/circs/circ01.pdf

What Is Public Domain?

The phrase "public domain" is commonly used to refer to works that are not protected by copyright law. Works in the public domain can be used freely, without obtaining permission from or compensating the copyright owner.

Works can enter the public domain in several ways:

• U.S. government documents. Note, if the work was produced by a consultant or freelancer to the government, the consultant/freelancer may have protection unless the copyright is transferred to the U.S. Federal government.
• Copyright term has expired. Cornell University Library developed a chart which summarizes copyright expiration dates in the United States. The American Library Association Office for Information Technology Policy has created an easy reference tool for deciding if a work is in the public domain. Requires Flash.
• The creator(s) failed to adhere to copyright requirements at the time of publication or renewal
• Ideas, facts and discoveries. Examples include facts, short phrases, ideas.
• The copyright owner(s) has dedicated the work to the public domain. The Creative Commons Public Domain Dedication, CC0 (aka CC Zero) is a public dedication tool, which allows creators to give up their copyright and put their works into the worldwide public domain. CC0 allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, with no conditions.

It is important not to confuse public availability with public domain. Before using the work, check if the work is in the public domain. The availability of a work online has nothing to do with its copyright status.

Additionally, it is recommended, as a best practice to cite public domain works. Not citing your sources could be considered plagiarism, which can have severe professional and educational consequences.

Cornell University Library developed a Public Domain Chart which summarizes the copyright term by whether the work was registered or published.  The chart also includes information specific to sound recordings and architectural works.  Use of this chart is governed by the Creative Commons Attribution 4.0 License.

Sources:

• Home - Public Domain - LibGuides at University of Texas at Austin (utexas.edu)
• What is the Public Domain?
• Crews, K. D. (2020). Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions (4th ed.). ALA Editions.

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses – such as criticism, comment, news reporting, teaching, scholarship, and research – as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:

1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work and are more likely to find that nonprofit educational and noncommercial uses are fair. However, this does not mean that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, "transformative" uses are more likely to be considered fair. Transformative uses are those that add something new – with a further purpose or different character – and do not substitute for the original use of the work.
2. Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part – or the "heart" – of the work.
4. Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether – and to what extent – the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.

In addition to the above, other factors may also be considered by a court in weighing a fair use question, depending upon the circumstances. Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work – or specific number of words, lines, pages, copies – may be used without permission.

Source:  U.S. Copyright Office Fair Use Index

For more information:

What Are Creative Commons Licenses?

Creative Commons licenses give everyone from individual creators to large institutions a standardized way to grant the public permission to use their creative work under copyright law. From the reuser’s perspective, the presence of a Creative Commons license on a copyrighted work answers the question, “What can I do with this work?”

There are six different license types, listed from most to least permissive:

The Creative Commons Public Domain Dedication

CC0 (aka CC Zero) is a public dedication tool, which allows creators to give up their copyright and put their works into the worldwide public domain. CC0 allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, with no conditions.

For More Information

Creative Commons - Use & remix