Copyright Questions about Copyright? By: Francisco Alejo 2012
What is copyright?
- Copyright is a protection given in the U.S. Constitution.
- It is granted by law for Original Works of authorship fixed in a tangible medium of expression.
- Copyright laws covers both published and unpublished works.
What does copyright protect?
- Original Works of authorship
- Examples include: (Poetry, novels, songs, computer software, and architecture.)
When is my work protected?
- The work is protected under the copyright the moment it is created and fixed in a tangible form.
- Ideas are not protected by copyright.
What Does Copyright Give Rights Holders?
- Right to reproduce the work.
- Right to prepare derivative works.
- Right to distribute copies for sale.
- Right to perform AV works publicly.
- Right to display musical and artistic works publicly.
How Long Does Copyright Last?
- A copyright last for life plus 70 years for individuals for anything on or after 1978.
- A copyright lasts for 95 years for corporate authors after publication for anything on or after 1978. (It is 120 years after creation if not published.)
- Works published before 1978 and after 1923 are protected for 95 years.
What is Fair Use?
- Use of material for criticism, comment, news reporting, teaching, scholarship, and research.
- Limitations apply. This includes consideration of the purpose, nature, amount and substantiality, and the effect of the use on potential value of work.
More Fair Use
- You can use excerpts from a book to write a review of it. However, you can’t reproduce whole chapters of the book for reviewing purposes without permission.
- A class dealing with film studies can screen a movie without payment for study purposes. However, no admission can be charged and only students in the class can attend the screening.
- Difficult area that can get people in trouble. Consult an attorney if you are in doubt…