• About this Guide
• What is Copyright
• Documentation and Copyright
• The Public Domain
• Fair Use
• Copyrighting Your Own Works

Copyright is a complicated concept that cannot be fully explained in a short space. This guide is meant to help people who want a better understanding of how works can be used without violating copyright laws. The information in this guide is based on Title 17, Chapter 1 of the United States Code, which provides much of the legal basis for copyright, and a guide on copyright from the U.S. Copyright Office. Those who want to learn more about copyright and copyright law, including how it applies to the reproduction of works for instructional purposes and how to perform copyright research, can use the Copyright and Fair Use publication from Stanford University.

Copyright is a form of legal protection granted by the government to authors of original works that have been 'fixed' in a tangible medium of expression. A 'fixed' work is in a form that allows it to be communicated over time, and copyrightable items include textual, musical, pictorial, graphic, audiovisual, architectural and choreographed works.

In most cases, copyright protects original works from being reproduced, distributed, displayed, performed, etc, without permission from the work's owner--its copyright holder. Improper use of copyrighted works--copyright infringement--is illegal and may result in fines or other remedies. Copyright status can be difficult to determine, and, with few exceptions, you should assume that every work is covered by copyright until you can prove otherwise.

Some people believe that it is permissible to use a work if an acknowledgment or citation is provided. For example, one may think that it is acceptable to reproduce a photograph for publication in an article as long as the name of the photographer is included. This is not true. Acknowledgment of the copyright holder may play a role in determining whether a work was used fairly (see below), but it will not protect against a claim of infringement.

Copyright has limits: it does not cover everything. Works that are not protected by copyright are in the public domain; that is, they are not owned by a copyright holder but rather by the public, and no permission is required to use them. Some works are in the public domain because copyright does not cover them. Other works are in the public domain because their copyright has expired. Works falling in any of the categories described below are in the public domain. For information about the public domain beyond what is provided below, see this site from Stanford university.

Works that are not protected by copyright:

• Phrases, Facts, Ideas
  Copyright does not protect ideas, concepts, systems, methods, or simple lists (such as recipes) although it may protect expressions of them. For example, the expression of an idea as words can be protected by copyright, but the idea itself cannot. Note: although copyright does not protect names, titles, slogans, or short phrases, they may be protected as trademarks.
• Works that have not been 'fixed'
  Copyright doesn not protect works that have not been fixed in a tangible form of expression. For example, improvised speeches or performances that have not been written, recorded, choreographed, etc., are not protected by copyright.
• Government Documents
  Copyright protection does not extend to any work created by the United States government or to the work of any federal employee insofar as the employee created the work as part of their official responsibilities. For instance, a presidential speech could be printed and sold on street corners without first receiving permission from the president. However, state and local government documents may be protected by copyright.
• Works with Expired Copyright
  When applicable, copyright is granted for a certain number of years from the creation or publication of a work, with the specific length of coverage depending on when the work was created. Because of changes in copyright law over the years, it is not always clear when copyright protection for a particular work will expire. See the Library of Congress's copyright circular 15a for a detailed explanation of the duration of copyright. However, there are three rules of thumb for determining whether a work is currently in the public domain.

Works that are protected by copyright can be used without permission in cases of fair use. According to section 7 of title 17 of the United States Code, "the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

Factors in determining whether fair use applies in specific cases:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
  Fair use is more likely to apply if the original work is used for a transformative purpose; that is, a purpose that has given the work a new meaning, added new information, or artistic value to the original work. Common transformative uses are parody, art, and scholarly comment and criticism. Uses that are educational or informative in nature or that contribute to political debate are more likely to be cases of fair use, but such uses are NOT in themselves defenses against infringement.
• The nature of the copyrighted work
  Fair use is more likely to apply if the original work being used is factual in nature because spreading information is a public good. Works that are fictional or artistic in nature and are not primarily intended to spread information tend to receive more copyright protection than, for example, biographies.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  Fair use is more likely to apply when proportionally short and less significant portions of works are used. Even a short use may be infringement if the portion used is central to the meaning or message of the original work.
• The effect of the use upon the potential market for or value of the copyrighted work
  An important factor in determing fair use is the degree to which the use impairs future financial profits that the copyright holder might expect to receive by virtue of possessing it. Photocopying a picture and sharing it with students in a history class who would not have purchased a copy has very little effect on the picture's value. On the other hand, making a high quality full size digital image of the picture and placing it on the Internet makes ownership of the picture much less valuable. Fewer people will purchase copies of it when they can print if from the Internet for free.

Original works that are fixed in a tangible form are automatically protected by copyright--no registration is required. However, registration does serve the purpose of having the notice of copyright enter the public domain and procuring extra legal protection. More information about the purpose of registration and about the registration process is available in Circular 1 of the U.S. Copyright Office.

Copyright holders have control over their works and have the ability to make decisions about their accessibility, distribution and use. Copyright holders can 'donate' their works to the public domain. When explicitly dedicated to the public domain, creators' works can be used, displayed, sold, performed, etc., by anyone. Aside from retaining or forfeiting all rights to their works or giving them all away, copyright holders have a range of options for reserving some rights. For instance, a copyright holder can permit their work to be used as long as an attribution to the creator is provided, or a copyright holder can permit their work to be used only for noncommerical purposes. For more information on options for maintaining partial copyright protection, see the Creative Commons web site.

Copyright holders can also help determine how their work is used and accessed by paying attention to how the copyright status of their works change when they are published. Some publishers ask for the creator of a work to transfer the copyright to them at the time of publication. Such transference may limit the creator's ability to reuse the work and make it accessible to the public. Fortunately, creators can often work with publishers to retain some or all of their copyright protection. See Penn Library's Winning Independence web site for more information on ways in which creators can influence the status of their copyright when working with publishers.