Copyright law protects original works of authorship and grants exclusive rights to the copyright owner. Infringement occurs when someone violates these exclusive rights without permission. There are some limitations to copyright including fair use, works in the public domain, and Creative Commons licensing which allow limited use of copyrighted works under certain conditions. Proper attribution and permission are needed to legally use significant portions of copyrighted works.

1. Copyright Law Overview
By Geralyn Dominguez

2. What is Copyright?
“Copyright is a form of protection provided
by the laws of the United States (title 17,
U.S. Code) to authors of ‘original works of
authorship,’ including literary, dramatic,
musical, artistic, and certain other
intellectual works.”1

3. What is Infringement?
“Anyone who violates any of
the exclusive rights of the
copyright owner ...is an
infringer of the copyright or
right of the author.”2

4. What is Infringement? (cont.)
If you do not obtain the “copyright owner's
permission you may be liable for
infringement.”2

5. Material You Can Freely Use
 Unprotected works:
- “Works that lack originality…
- Works in the public domain
- US Government works
- Facts
- Ideas, processes, methods,
and systems described in
copyrighted works.”3

6. Material You Can Freely Use
(cont.)
 “Library-licensed works
 Creative Commons licensed works” 3
 Works covered by implied license3

7. What is the Public Domain?
“A public domain work is a creative work
that is not protected by copyright and
which may be freely used by everyone.” 4

8. What is the Public Domain? (cont.)
“The reasons that the work is not
protected include:
(1) the term of copyright for the
work has expired;
(2) the author failed to satisfy
statutory
formalities to perfect the copyright
or
(3) the work is a work of the U.S.
Government.”4

9. What is Creative Commons?
“Creative Commons is a nonprofit
organization that enables the sharing and
use of creativity and knowledge through
legal tools.”5
It’s free and they work with copyright.5

10. Creative Commons (cont.)
Visit creativecommons.org to find CC-
licensed content that you are openly and
legally permitted to use.5
Photo Credit by Michael Porter at Libraryman Blog

11. But What is Fair Use?
Fair use allows you to reproduce copyrighted
works if your intent is considered “fair.”
Examples include using the work for
“criticism, comment, news reporting,
teaching, scholarship, and research.” 6

12. Fair Use: Two Questions to Ask
1. “Is the use you want to make
of another’s work
transformative--that is, does it
add value to and repurpose
the work for a new
audience”?3
2. “And is the amount of the
material you want to use
appropriate to achieve your
transformative purpose?”3

13. Four Question Fair Use Test
1. “What is the character of the use?
2. What is the nature of the work to
be used?
3. How much of the work will be
used?
4. What effect would this use have
on the market for the original or for
permissions if the use were
widespread?”3

14. TEACH Act and the Classroom
The TEACH Act is a “separate set of rights
in addition to fair use, to display (show)
and perform (show or play) others’ works
in the classroom.”7

15. TEACH Act and the Classroom
(cont.)
Certain limitations apply for “in-class” vs.
“distance education” classrooms.
Visit copyright.lib.utexas.edu/teachact.html for
help in making the determination of use.

16. You Can Always Ask for
Permission
 A good starting point is a
collective rights organization
such as the Copyright
Clearance Center.8
 Contact the owner and get
written permission. 8
 For additional resources, visit:
http://copyright.lib.utexas.edu/permissn.
html (sic)

17. References
1. Copyright Basics. (May 2012). Copyright: United States Copyright Office. Retrieved
September 5, 2012. From http://www.copyright.gov/circs/circ01.pdf
2. Stopping Copyright Infringement. (March 10, 2010). Copyright: United States
Copyright Office. Retrieved September 7, 2012. From
http://www.copyright.gov/help/faq/faq-infringement.html
3. Harper, Georgia K. (2012). Building On Others’ Creative Expression: Fair Use of
Copyrighted Materials. Copyright Crash Course. Retrieved September 1, 2012. From
http://copyright.lib.utexas.edu/copypol2.html
4. Gasaway, Lolly. (November 4, 2003). When U.S. Works Pass into the Public
Domain. University of North Carlina. Retrieved September 9, 2012. From
http://www.unc.edu/~unclng/public-d.htm
5. About. (n.d.). Creative Commons. Retrieved September 4, 2012. From
http://creativecommons.org/about
6. Fair Use. (June 2012). Copyright: United States Copyright Office. Retrieved
September 15, 2012. From http://www.copyright.gov/fls/fl102.html
7. Harper, Georgia K. (2012). Building On Others’ Creative Expression: The TEACH
Act. Copyright Crash Course. Retrieved September 1, 2012. From
http://copyright.lib.utexas.edu/teachact.html
8. Harper, Georgia K. (2012). Building On Others’ Creative Expression: Getting
Permission. Copyright Crash Course. Retrieved September 1, 2012. From
http://copyright.lib.utexas.edu/permissn.html