Copyright

The rights of copyright 

Copyright is seen as a bundle of rights.  These rights include the right to:

• Make copies of the work
• Distribute copies of the work (by selling, renting, lending, or giving it away)
• Perform or display the work publicly
• Make derivative works, like translations, adaptations, and reinterpretations

Because these rights are imagined as a bundle, the owner of the copyright can give away, sell, or otherwise license some or all of these rights to others (as when an author negotiates a contract - they may give the publisher the right to copy and distribute the work but not make future derivative works, for instance).

What Copyright Protects

Copyright only applies to the following kinds of works:

• literary works
• musical works, including accompanying words
• dramatic works, including accompanying music
• Choreographic works an pantomimes (must be fixed in a tangible form, e.g. recorded or notated)
• pictorial, graphic, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works
• computer programs

This list encompasses most kinds of creative or intellectual expression. Works must also be "fixed in a tangible medium of expression".  Unfixed works like improvised music, speeches, or dances are not protected by copyright.

Remember: copyright is not designed to reward hard work but, rather, to foster creativity. Works that took a lot of effort to put together but that don't contain original expression do not qualify for copyright protection.

What is NOT protected by copyright

• Titles, names, short phrases and slogans, familiar symbols or designs, variations of type styles, lists of ingredients
• Ideas, procedures, methods, systems, processes, concepts, principles
• Works consisting entirely of common data (e.g. calendar, government weights/measures charts) or entirely of facts (although creative assembly of facts can be subject to copyright, the facts themselves cannot)
• Spontaneous speeches that have not been formally fixed into a tangible form
• Spontaneous musical or choreographic works
• Works of the U.S. government

A good general rule:  When in doubt, assume that a work is under copyright and seek appropriate permissions.

(Adapted in part from the U.S. Copyright Office "Copyright Basics" circular)

"Copyright Resources" by Rachel Bridgewater, Portland Community College is licensed under CC BY-SA 4.0

Who owns the copyright?

• The author of the work
• Those deriving rights through or from the author
  • This can include publishers, record labels, descendants of the author, etc.
• If the work is created as a "work for hire," the employer of the author is the copyright holder
  • To read more about Works Made for Hire, read Circular 9 by the US Copyright Office
• If the work has more than one author, two or more authors can own copyright

How long does copyright last?

Copyright protection does not last forever. The United States has had several copyright codes in its history, so depending on when a work was created, it may or may not be protected by copyright. The American Library Association created the Digital Copyright Slider to help determine whether the material needed is held under copyright or if it is in the public domain

For new works created in the United States, protection begins with creation of the work and lasts 70 years after the date of creation. At that time, the work passes into the public domain. For older works created in the United States, cessation of copyright protection and passage into the public domain depends on a variety of factors. The chart below provides some basic guidelines for determining the copyright status of works created in the United States.

What happens when copyright expires?

When the term of copyright expires, a work is said to enter into the public domain. 

What is the Public Domain?

The public domain refers to works that are not copyright protected and can be used freely, without seeking permission. Works can pass into the public domain through various ways, so it is important to always check carefully to determine if a particular work is really in the public domain before assuming you may use it without permission. 

Works that exist in the public domain, include:

• United States government documents (note: foreign documents may be protected)
• Materials marked with Creative Commons licenses instead of a copyright symbol (note: different licenses affect sharing, use, and attribution)
• When copyright has expired, materials move to the public domain
• Factual and non-creative works like telephone books

Anyone may reproduce, redistribute, or adapt works in the public domain. Permission for use is no longer required.

Due to the Copyright Term Extension Act of 1998 (also known as the Sonny Bono Act), no copyrighted works will enter the public domain until 2019.

Additional Resources

Copyright Term and the Public Domain in the United States 

Cornell University Library's chart illustrates when works pass into the public domain

Is it Protected by Copyright?

Digital slider to determine if and when works will pass into the public domain

What does the right of "first sale" mean?

The "first sale" doctrine says that a person who buys a legally produced copyrighted work may "sell or otherwise dispose" of the work as he or she sees fit, subject to some important exceptions (Section 109a). "First sale" gives you the right to loan a legally purchased book or CD to your friend. Historically libraries have heavily relied on the first sale doctrine to lend books and other items to their patrons.

The first sale clause was enacted during a time when most copyrighted works were produced in physical formats that made such works difficult to reproduce on a large scale. Many protected works including books are now produced digitally, however, copyright owners have lobbied Congress for new laws that some feel may undermine the "first sale" doctrine.

Additionally, many publishers (most notably music publishers) are now creating works to include technologies that interfere with the "first sale" doctrine. Software companies also attempt to circumvent the first sale doctrine by characterizing the consumer purchase as a license rather than a sale.

First sale issues are entangled with licensing and Digital Millennium Copyright Act issues. To learn more about The Digital Millennium Copyright Act please see the American Library Association's Introduction to the DMCA.