"We regard academic freedom as a sacred trust and God-given responsibility that encourages the scholarly pursuit of truth in each academic discipline to which God has called us.  All faculty are encouraged to seek wisdom and understanding, acquire knowledge, and teach others.   Therefore, faculty need not fear where their pursuit of knowledge and wisdom may lead, but rather are to be guided by the fear of the Lord."
(Regent Faculty and Academic Policy Handbook, 1:02:01)

The Congress shall have power...To promote the progress of Science...by securing for limited Times to Authors...the exclusive Right to their...Writings...
(US Constitution, art. I, sec. 8, cl.8)

The primary objective of copyright is not to reward the labor of authors, but 'to promote the Progress of Science and useful Arts.'  To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.  This result is neither unfair nor unfortunate.  It is the means by which copyright advances the progress of science and art.
(Justice Sandra Day O'Connor, Feist Publications, Inc. v. Rural Telephone Service Co., 499 US 340, 349 (1991)

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COPYRIGHT BASICS

WHAT IS COPYRIGHT? | WHO CAN CLAIM COPYRIGHT? | WHAT WORKS ARE PROTECTED? | WHAT ARE THE RIGHTS OF THE OWNER? | HOW DO I OBTAIN COPYRIGHT? | HOW LONG DOES COPYRIGHT LAST? |
  WHAT ARE THE LIMITATIONS TO COPYRIGHT?

What is copyright?

Copyright is a form of protection provided by the laws of the United States (Title 17, US Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain intellectual works.  This protection is available to both published and unpublished works. 

Who can claim copyright?

Copyright protects "original works of authorship" that are fixed in a tangible form of expression.  The "original work of authorship" requires that the work originates with the author.  The work must show a certain amount of creativity.  Copyright does not protect ideas or facts, only the expression, description, illustration, or explanation of the ideas or facts. 

The work must be "fixed in a tangible form of expresson." This includes print, art, visual images, electronic media, computer programs, etc.  Copyright does not cover works that are not fixed in a tangible form of expression, such as an impromptu speech or performance that has not been recorded or notated. 

Titles, names, short phrases, slogans, familiar symbols, or listings of ingredients or contents can not be copyrighted.  Works that consist entirely of factual information, such as phone books, can not be copyrighted.

What works are protected?

Copyright works include the following:

1. literary works
2. musical works, including both words and music
3. dramatic works, incuding accompanying music
4. pantomines and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works

These categories have broad applications.   For example, computer programs may be registered as "literary works."

What are the rights of the owner?

Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

to reproduce the copyrighted work in copies or phonorecords;

to prepare derivative works based upon the copyright work;

to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

to perform the copyrighted work publicly, in case of literary, musical, dramatic, and choreographic works, pantomines, and motion pictures and other audiovisual works;

to display the copyrighted work publicly, in case of literary, musical, dramatic, and choreographic works, pantomines, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and

in the case of sound recording, to perform the work publicly by means of a digital audio transmission.

The copyright owner can license any or all of this "bundle of rights." 

These rights are not unlimited in scope.   Section 107 of the 1976 Copyright Act covers "fair use," a major limitation to copyright rights.

How can I obtain copyright protection?

Once a work is created and fixed in a tangible medium of expression, automatic copyright is granted.  There is no need for publication or registration with the Copyright Office.  Copyright is secured automatically when the work is created, and a "work" is created when it is fixed in a copy or phonorecord for the first time.

Registering a  work with the Copyright Office does have some benefits.  It informs the public that the work is protected by copyright, identifies the copyright owner, and sets the date of first publication.   In the event of infringement, the infringer will not be able to use the defense of innocent infringment, which may relieve him of actual or statutory damages.

The copyright owner may use the copyright notice without advance permission from or registration with the Copyright Office.

Copyright notice contains three elements:
1. the symbol © (the letter c in a circle) or the word "Copyright" or the abbreviation "Copr." for "visually perceptive copies; the symbol (the letter p in a circle) for sound recordings
2. the year of the first publication
3. the name of the owner of the copyright

These three elements should appear together on the work in such a way as to "give reasonable notice of the claim of copyright."

The Copyright Office provides forms on their website to register works.

How long does copyright last?

The Sonny Bono Copyright Extension Act of 1998 extended copyright protection for an additional 20 years.  This act grants the following protections:

Works Created During or After 1978
-Life of the author plus 70 years
-For joint works, 70 years after the last surviving author's death
-For works made-for-hire, 95 years from the year or first publication or 120 years from the year of creation, whichever expires first

Works Created But Not Published or Registered Before 1978
-Life of the author plus 70, but in no case earlier than Dec. 31, 2002.
-If published before Dec. 31, 2002, the term will not expire before Dec. 31, 2047

For Pre-1978 Works Still in Their Original or Renewal Term
-Term is extended to 95 years from the date copyright was originally secured.

What are the limitations to copyright?

Title 17, US Code provides for certain rights to use copyrighted works, including the following:
Section 107.  Fair Use
Section 108.  Reproduction by libraries and archives
Section 110 (1) and (2).  Exemption of certain performances and displays
Section 117.  Computer programs
Section 121.  Reproduction for blind or other people with disabilities

COPYRIGHT BASICS | FAIR USE | COPYRIGHT POLICIES | OBTAINING PERMISSIONS INFRINGEMENT | ONLINE SERVICE PROVIDER |  RESOURCES

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This page created by Regent University Library; updated 2002
Send comments to Sandra Yaegle