This document provides information about copyright including what it protects, when copyright is created, and the bundle of rights that copyright provides. It defines copyright as a legal right that protects original works when they are fixed in a tangible form. Copyrightable works include literary works, music, drama, artwork, films, sound recordings, and architecture. The bundle of rights refers to the rights of copying, distributing, creating derivatives, and publicly displaying a work. The document also discusses fair use and provides the four factors used to determine if a use is fair. It outlines a set of principles for fair use of copyrighted material in journalism. The first principle states that incidental capture of copyrighted material in news reporting can be fair use if it is

1. Brett D. Currier
Director of Scholarly Communications
@brettdcurrier
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brett.currier@uta.edu

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3. LIBRARY SUPPORT
Brett D. Currier, Director of Scholarly Communications
Subject Specialists
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5. Copyright is a
legal right which
protects works of
original
authorship and is
created at the
moment it the
article is fixed in
a tangible
medium of
expression.
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WHAT IS A COPYRIGHT? WHEN IS IT CREATED?

6. WHAT IS PROTECTED?
(1) literary works;
 Every production in the literary, scientific and artistic domain
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
B R E T T D . C U R R I E R
D I R E C T O R O F S C H O L A R L Y C O M M U N I C A T I O N S 6

7. BUNDLE OF RIGHTS
• Make copies
• Distribute the work
• Prepare derivative works
• Publicly perform or display the work
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9. FAIR USE
(1) The purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes;
(2) The nature of the copyrighted work;
(3) The amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) The effect of the use upon the potential market for or value of the
copyrighted work.
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Set of Principles in Fair Use for
Journalism

12. SET OF PRINCIPLES IN FAIR USE FOR JOURNALISM
Set of Principles in Fair Use for Journalism
1. Incorporation of copyrighted material captured incidentally and
fortuitously in the process of recording and disseminating news
2. Use of copyrighted material as proof or substantiation in news reporting
or analysis
3. When copyrighted material is used in cultural reporting and criticism
4. When copyrighted material is used as illustration in news reporting or
analysis
5. When copyrighted material is used as historical reference in news
reporting or analysis
6. Using copyrighted material for the specific purpose of starting or
expanding a public discussion of news
7. Quoting from copyrighted material to add value and knowledge to
evolving news
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13. ONE: INCORPORATION OF COPYRIGHTED MATERIAL
CAPTURED INCIDENTALLY AND FORTUITOUSLY
PRINCIPLE: Fair use applies to the incidental and fortuitous capture of copyright
material in journalism.
LIMITATIONS:
• Fair use does not apply where a journalist has gained access to a person or place
by agreeing, either orally or in writing, to forego specific uses of the material
gathered as a result.
• Neither does it apply if a journalist inserts copyrighted material into the reality being
recorded and disseminated, as by asking musicians playing at an event to perform
a particular song, or distorts news choices in order to include copyrighted
material.
• The journalist should not repurpose incidentally captured material—for instance, a
popular song sung by a celebrity at an event—for aesthetic or entertainment
purposes, whether elsewhere in the same piece or in other work.
• The journalist should attribute the material in a reasonable manner. Where relevant,
attribution should extend to entities or individuals other than copyright owners
(e.g., the art gallery where a picture is hanging or the performer who interprets a
song at a public event)
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