What Is Copyright?
"Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!"*
*What is Copyright? https://www.copyright.gov/what-is-copyright/ accessed February 2021.
What Copyright Provides
"U.S. copyright law provides copyright owners with the following exclusive rights:
- Reproduce the work in copies or phonorecords.
- Prepare derivative works based upon the work.
- Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending.
- Perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work.
- Display the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a pictorial, graphic, or sculptural work. This right also applies to the individual images of a motion picture or other audiovisual work.
- Perform the work publicly by means of a digital audio transmission if the work is a sound recording.
Copyright also provides the owner of copyright the right to authorize others to exercise these exclusive rights, subject to certain statutory limitations."*
*What is Copyright? https://www.copyright.gov/what-is-copyright/ accessed February 2021.
What Is Fair Use?
Fair use is a doctrine outlined in section 107 of the copyright act which stipulates some exceptions by which individuals are permitted to use copyrighted material without first obtaining permission from the respective copyright holder(s). These exceptions are designed to promote freedom of expression and are determined by four mitigating factors outlined in bold below.*
Section 107:
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
"Chapter 1: Subject Matter and Scope of Copyright" https://www.copyright.gov/title17/92chap1.html#107 accessed February 2021.
*"More Information on Fair Use" https://www.copyright.gov/fair-use/more-info.html accessed February 2021.
Copyright Library Guide
For additional resources and further details related to copyright, please visit our Copyright Law for Faculty & Students library guide:
