This document provides an overview of copyright law, including what can and cannot be copyrighted, fair use exceptions, and penalties for infringement. Copyright protects original creative works fixed in a tangible form, including photos, stories, illustrations and more. Facts, government works, and expired copyrights are not covered. While copyright protects works online, fair use allows limited use for news or education without permission. Courts weigh four factors to determine fair use, most importantly the economic impact. Ignorance is not a defense against infringement charges, which can be civil or criminal for large-scale copying.

1. By Prof. Mark Grabowski
www.markgrabowski.com

2. Copyright Infringement
Using someone else’s
original work without
obtaining the
copyright owner’s
permission.

3. Original work is being created now more than ever
thanks to the Internet…

4. …But the Internet also creates challenges for copyright

5. We’ll cover…
• What can I use what can I use?
• What can I prevent others
from using?

6. U.S. Constitution, Article I

7. Purpose of Copyright
• Progress/Advancement of Arts & Sciences
– Recognized by framers of Constitution
• Reward creative efforts
• Encourage societal knowledge

8. Copyright Defined
In order to qualify for copyright protection, a
work must be:
(1) original
(2) fixed in a tangible form
(3) show at least a minimal amount of
creativity.
Note: a work need not state it’s copyrighted or have
the © symbol to be copyrighted.

9. Copyright can
protect:
• Photos
• Stories
• Illustrations
• Logos
• Even wallpaper
Copyright does not
generally protect:
•Facts/ideas
•Most federal
governmental records
•Works in public domain
(e.g. copyright expired)
•Odds & Ends (titles,
•slogans, short phrases,
•familiar symbols, etc.)

11. What’s not copyrightable
• Facts
• Government documents
• Older works whose copyright expired
• Works that lack sufficient creativity
– Titles, short phrases, common phrases, lists of
ingredients

12. Copyright law protects
material on the Internet!

13. The General Rule
If you didn’t create it and/or you
don’t own the copyright to it, you
must get permission to use it
Except…

14. Fair Use: An Exception
to the Rule
• Using a limited amount of a copyrighted
work for news, educational or
informational purposes without consent
may be permissible as a “fair use”
• Not every use by a media or educational
organization is a fair use

15. How Courts Determine Fair Use
1. What is the purpose and character of the
use?
2. What is the nature of the copyright-
protected work?
3. How much of the original work is used?
4. Most important: What is the effect of the use
on the potential market value of the original
work?

16. Other things to remember
about copyright law
• Law requires permission from copyright
owner, not just attribution
• Protects the works you create as well as those
you may want to use
• Ignorance of the law is not a defense

19. Two other issues
• Contributory infringement: you can be held
liable if you help facilitate/aid someone else
breaking copyright law (e.g. Napster/Aereo).
• Felony copyright infringement: knowingly
copying and distributing at least 10 copies of
something worth $2,500-plus within an 6
month period can land you in prison (e.g
movie screener pirating).

20. About the Presenter
Mark Grabowski is an associate professor at
Adelphi University in New York, where he
teaches Internet Law. Previously, he worked
as a lawyer and a journalist. He holds a J.D.
from Georgetown Law. For more information,
visit markgrabowski.com or email
mgrabowski@adelphi.edu.

21. Sources
• Student Press Law Center,
“Copyright and Fair Use”
• U.S. Copyright Office
• Creative Commons
• Stockvault
• Flickr