This document provides an overview of copyright law in the United States. It defines copyright as protection for original works of authorship under title 17 of the U.S. Code. Infringement occurs when someone violates the exclusive rights of the copyright owner without permission. Certain materials like facts, ideas, and works in the public domain can be used freely. Fair use allows limited use of copyrighted works for purposes like criticism or research. Creative Commons licensing enables sharing of some works within certain conditions. Permission is required to use a work beyond fair use or Creative Commons terms.

1. Copyright Law Overview
By Geralyn Dominguez

2. What is Copyright?
 “Copyright is a form of protection
provided by the laws of the United States
(title 17, U.S. Code) to authors of
‘original works of authorship,’ including
literary, dramatic, musical, artistic, and
certain other intellectual works.”1

3. What is Infringement?
 “Anyone who violates any of the
exclusive rights of the copyright
owner ...is an infringer of the copyright or
right of the author.”2
 If you do not obtain the “copyright
owner's permission you may be liable for
infringement.”2

4. Material you can freely use
 Unprotected works:
- “Works that lack originality…
- Works in the public domain
- US Government works
- Facts
- Ideas, processes, methods, and
systems described in copyrighted
works.”3

5. Material you can freely use
continued
 “Library-licensed
works
 Creative Commons licensed works” 3
 Works covered by implied license3

6. What is the Public Domain?
 “A public domain work is a creative work that is
not protected by copyright and
which may be freely used by everyone. The
reasons that the work is not protected include:
(1) the term of copyright for the work has
expired; (2) the author failed to satisfy statutory
formalities to perfect the copyright or (3) the
work is a work of the U.S. Government.”4

7. What is Creative Commons?
 “Creative Commons is a nonprofit
organization that enables the sharing
and use of creativity and knowledge
through legal tools.”5
 It’s free and they work with copyright.5

8. Creative Commons continued
 Visitcreativecommons.org to find CC-
licensed content that you are openly and
legally permitted to use.5

9. But what is Fair Use?
 Fairuse allows you to reproduce
copyrighted works if your intent is
considered “fair.” Examples include
using the work for “criticism, comment,
news reporting, teaching, scholarship,
and research.”6

10. Fair Use: Two Questions to ask
yourself
 “Isthe use you want to make of
another’s work transformative--that is,
does it add value to and repurpose the
work for a new audience”?3
 “And is the amount of the material you
want to use appropriate to achieve your
transformative purpose?”3

11. Four Question Fair Use Test
 “What is the character of the use?
 What is the nature of the work to be
used?
 How much of the work will be used?
 What effect would this use have on the
market for the original or for permissions
if the use were widespread?”3

12. TEACH Act and the Classroom
 The TEACH Act is a “separate set of rights in
addition to fair use, to display (show) and
perform (show or play) others’ works in the
classroom.”7
 Certain limitations apply for “in-class” vs.
“distance education” classrooms.
 Visit copyright.lib.utexas.edu/teachact.html for help
in making the determination of use.

13. You can always ask for
permission
A good starting point is a collective rights
organization such as the Copyright
Clearance Center.8
 Contact the owner and get written
permission. 8
 For additional resources, visit:
http://copyright.lib.utexas.edu/permissn.html (sic)

14. References
1. Copyright Basics. (May 2012). Copyright: United States Copyright Office. Retrieved
September 5, 2012. From http://www.copyright.gov/circs/circ01.pdf
2. Stopping Copyright Infringement. (March 10, 2010). Copyright: United States Copyright
Office. Retrieved September 7, 2012. From http://www.copyright.gov/help/faq/faq-
infringement.html
3. Harper, Georgia K. (2012). Building On Others’ Creative Expression: Fair Use of
Copyrighted Materials. Copyright Crash Course. Retrieved September 1, 2012. From
http://copyright.lib.utexas.edu/copypol2.html
4. Gasaway, Lolly. (November 4, 2003). When U.S. Works Pass into the Public Domain.
University of North Carlina. Retrieved September 9, 2012. From
http://www.unc.edu/~unclng/public-d.htm
5. About. (n.d.). Creative Commons. Retrieved September 4, 2012. From
http://creativecommons.org/about
6. Fair Use. (June 2012). Copyright: United States Copyright Office. Retrieved September
15, 2012. From http://www.copyright.gov/fls/fl102.html
7. Harper, Georgia K. (2012). Building On Others’ Creative Expression: The TEACH Act.
Copyright Crash Course. Retrieved September 1, 2012. From
http://copyright.lib.utexas.edu/teachact.html
8. Harper, Georgia K. (2012). Building On Others’ Creative Expression: Getting Permission.
Copyright Crash Course. Retrieved September 1, 2012. From
http://copyright.lib.utexas.edu/permissn.html