Copyright Law
What Is Copyright?
Copyright refers to a person’s right to copy work that was created. In order to be applied under copyright law, works need to be tangible and creative. To use a copyrighted work, a person would have to purchase the item or a license of the item, receive permission from the copyright owner, use the work that corresponds with the Fair Use Doctrine, or use the work in an educational setting that corresponds with the TEACH Act.
How Long Does Copyright Last?
For works published after 1977, the copyright lasts for the life of the author plus 70 years. However, if the work is a work for hire (that is, the work is done in the course of employment or has been specifically commissioned) or is published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.
All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. However, even if the author died over 70 years ago, the copyright in an unpublished work lasts until December 31, 2002. And if such a work is published before December 31, 2002, the copyright will last until December 31, 2047.
See more copyright frequently asked questions:
Public Domain
Some materials are in the public domain, which means the intellectual property is not owned or controlled by any person or entity. Materials in the public domain can be used freely, although they may need to be properly cited. Determining copyright terms and what is in the public domain can be difficult, however these sites provide an informational starting point.
This ALA tool can help users determine if a work is protected by copyright and by what terms.
Essential Copyright Websites
From the American Library Association, web page highlights copyright and intellectual property issues important to librarians and information professionals, with an emphasis on legislative advocacy.
Aimed at librarians and educators, this web site "includes primary case law, statutes, regulations, as well as current feeds of newly filed copyright lawsuits, pending legislation, regulations, copyright office news, scholarly articles, blog and twitter feeds from practicing attorneys and law professors."
The basics of copyright from the U.S. Copyright office.
This website provides a thorough, readable overview of copyright issues of interest to faculty and researchers in higher education.
The complete full-text of U.S. Copyright Law, with a choice of formats for downloading.
Creative Commons provides licensing options for creators who are interested in protecting and sharing their work.
The American Library Association's (ALA) Summary of the DMCA and how it impacts libraries.
Official government website on copyright law.