About Copyright Purpose of Copyright In general, copyright is a form of legal protection given to content creators through the assignment of specific rights to works that qualify for protection. The main goals of copyright are to encourage the development of culture, science and innovation, while providing a financial benefit to copyright holders for their works, and to facilitate access to knowledge and entertainment for the public. Copyright provides a framework for relationships between the different players in the content industries, as well as for relationships between rightsholders and the consumers of content.
Copyright and Fair Use Guidelines Updated May 11, The information presented here is general information for educational purposes only. Faculty members should consult with their Program Chair or Course Chair on any issues related to using materials in their classroom.
This resource describes general library and educational fair use and fair use exceptions for research and scholarly work. The purpose of this resource is to help UMUC faculty understand the basics of copyright and fair use. Students may also find this resource useful.
Copyright is a legal device that provides the author of a work of art, literature, or drama with the right to control how the work is used.
Copyright is a form of protection grounded in the U. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
The intent of copyright law is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works. What is protected by copyright? Copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Other examples include websites, YouTube videos, online articles, blogs, videos, photographs, and many other types of works found online.
A work is protected by copyright law from the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. In other words, a copyright exists from the time a work is written down or recorded.
A copyright does not have to be registered to be protected; although, there are benefits of registration. A work must be fixed, original and exhibit minimal creativity to be protected by copyright: For instance, a work is fixed when it is written on a piece of paper, posted online, stored on a computer or phone, or recorded on an audio, video or electronic device.
Originality — An original work of authorship is a work that is independently created by a human author and possesses at least some minimal degree of creativity. Minimal Creativity — If the work is based on a previous work, the new work must include something that is above and beyond the original work; however, there must just be a spark of creativity to meet this requirement.
Verbatim use is not considered original or minimally creative. What cannot be protected by copyright? Facts, ideas, systems, or methods of operation, although the method of expression may be protected; Words, names, titles, slogans, or other short phrases or clauses, although they can be protected by trademark law if used in commerce to identify the source of goods or services; Blank forms and similar works designed to record rather than to convey information; Recipes or a mere listing of ingredients; Government works, such as statutes, regulations, public ordinances, administrative rulings and judicial opinions — Note, however, that other works of state or local governments may be subject to copyright protection; Works created by federal government employees as part of their official duties — Note, however, that: Works prepared for the U.
Who owns the copyright? A copyright owner may transferred the copyright to another person or organization.
Once assigned, the author is no longer the copyright holder and rights outlined above are transferred to the person or organization who becomes the copyright holder. Even when the copyright is transferred, however, the author should still receive attribution as the creator of the work.
A copyright holder may grant permission to another to use the work. When a copyright is licensed, the author should still receive attribution as the creator of the work. What rights does a copyright holder have? Copyright holders have the right to control the use of the copyrighted work, including the rights to: Make copies of the work; Sell or otherwise distribute copies of the work; Make adaptations or modifications to the work called a derivative work ; Display or perform the work in public such as performing a stage play, displaying a painting or showing a movie in public.
Copyright holders can prevent others from copying, selling, distributing, or displaying their works or making derivatives works based on their works.(B) Any work in which copyright is restored under this section shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States.
All terms of copyright run through the end of the calendar year in which they would otherwise expire, so a work enters the public domain on the first of the year following the expiration of its copyright term. Sometimes, a copyright holder will dedicate a work to the public domain before the copyright expires, much like a landholder will sometimes donate property to a town so it may become a park.
In these instances, the work becomes free to use immediately. All terms of copyright run through the end of the calendar year in which they would otherwise expire, so a work enters the public domain on the first of the year following the expiration of its copyright term.
But even before works enter the public domain, the public is free to make "fair uses" of copyrighted works. By carving out a space for creative uses of music, literature, movies, and so on, even while the works are protected by copyright, fair use helps to reduce a tension between copyright law and the First Amendment's guarantee of freedom of.
Fair use is a legal doctrine that says you can reuse copyright-protected material under certain circumstances without getting permission from the copyright owner. In the United States, fair use can only be determined by a court.