Copyright… What is that?

Agenda  What is copyright  What can be copyrighted  How long does copyright last  What is public domain  What is fair use

What is Copyright…  A form on intellectual property. A copyright is the exclusive right given to the author of a work to reproduce, distribute, display, license or perform the work. This will include words, music, video, sound, pictures, architecture, etc.  Copyright allows authors, musicians, artists, etc. to make money on their labor. It also prevents others from taking their work for free and prevents people from altering the work without permission.

What can be copyrighted…  Literary Works  Musical Works  Dramatic Works  Choreographic Works  Pictorial, Graphic and Sculptural Works  Motion Pictures and AV  Sound Recordings  Architectural Works

What does Copyright not protect…  Copyright does not protect facts, ideas, systems or methods of operation.

How long does copyright last…  The term of copyright for a particular work depends on several factors; this includes on whether it has been published and when.  Works created after January 1 st 1978, copyright protection lasts for the life of the author plus an additional 70 years  For an anonymous work, a pseudonymous work, or a work for hire, the copyright will last for the term of 95 years from the year it was first published or a term of 120 years from the year of creation, depending on what comes first  For works published prior to 1978, the term will vary depending on several factors, see Chapter 3 of the Copyright Act.Chapter 3

What is public domain…  Public domain is generally defined as consisting of works that are either ineligible for copyright protection or with expired copyrights. Works in public domain may be used freely without the permission of the author or former copyright owner. Everything published before 1923 is in the public domain.

What is fair use…  In the general sense, a fair use is any copying of copyrighted material done for a limited and transformative purpose; such as the use of material for criticism, comment, news reporting and teaching.  Limitations do apply. This includes consideration of the purpose, nature, amount and substantiality. As well as the effect of the use on potential value of work.

What is fair use cont.…  The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or not that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

What to do, what to do…  The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give permission.  When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair use nor advise on possible copyright violations. If there is any doubt consult an attorney.

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