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Copyright: Overview

Introduction to Copyright

What is Copyright?

Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code) to the creators of "original works of authorship."  It is a bundle of exclusive legal rights for authors and creators that protect the substance and form of their work for a defined period of time.

Copyright includes the right to: 

Reproduce or copy the work
Prepare derivatives of the work
Distribute and sell the work (or lease or other transfer of ownership)
Display the work publicly
Perform the work publicly
Authorize any or all of the above rights to other

Copyright Resources:

Scholarly Communication Toolkit: Copyright

Copyright Law of the United States

U.S. Copyright Office

Circular 21

Copyright & the Public Domain in the U.S.

Creative Commons 

University Copyright Information Pages:

Copyright and Fair Use (Stanford University)

Copyright Information Center (Cornell University)

University of Texas "Crash Course in Copyright"

Columbia University Libraries

University of Southern Florida Libraries

Resources for Commercial Copyright:

Association of American Publishers 

BitLaw 

Copyright & Art Issues

SPLC Guide to Fair Use

Digital Image Rights Computator 

Trademark Electronic Search System (TESS)

In the Classroom and Online

Teachers and students have certain rights to publicly display and perform copyrighted works in the classroom.

Understanding the TEACH Act

The TEACH Act authorizes educators to digitize works for use in online education, but limits the extent we are authorized to use those works, according to Section 110(2),

Copyright Clearance Center A Brief Guide to the TEACH Act.  New roles, rules and responsibilities for academic institutions

ALA - TEACH Act Information - TEACH Act Best Practices using Blackboard™

Online Evaluation Tools 

Columbia University Libraries - Fair Use Basics

Cornell University Fair Use Checklist 

The Digital Copyright Slider

Exceptions for Instructors eTool 

The Fair Use Evaluator 

Providing Access to Materials

GETTING STARTED - Assume all content, regardless of format, publication status, or absence of a copyright notice is copyrighted

LIMIT ACCESS - Provide access only to students for the duration of your course.  Password protecting your course enhances any claim of fair use.  

LIBRARY DATABASES AND RESERVES - Link whenever possible to library-licensed and other lawful online content.  Request desired chapters and articles from the library to add to your electronic reserve for the course. 

DIGITIZE MEDIA - Only when other digital versions are not available for purchase

Maria College Library - Faculty Resources

Using the Faculty Resources webpage on the Maria College Library website, you may explore a variety of ways to engage students with accessible resources for your course content. 

Maria Library subscribes to a vast number of periodicals and other copyrighted works for educational use.  To find out whether a particular article or other work is available through Maria's resources, search the Library's Home pageDatabase Finder, or Chat with a Librarian. 

Discovery Searches  -  Explore a variety of content from journals to e-books

Open Access - Websites that freely offer materials that do not have a paywall. Open access can include articles, journals, books, datasets, and media.

EXAMPLE of a notice to post within a course site :

"The materials on this course website are only for the use of students that are enrolled in this course for the purposes associated with this course, only, and may not be retained or further disseminated.

Copyright Basics

What is Fair Use?

Fair use is a legal tenet that permits unlicensed use of copyright-protected works in certain circumstances. The use of copyrighted materials in not infringement if it follows the four factors of fair use identified in Section 107 of the Copyright Act.  The fair use of a copyrighted work, including by reproduction in copies or phonorecords for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. 

What is the Public Domain?

The public domain consists of works that are not protected by copyright - because the copyright expired, they were never protected by copyright law or the owner didn't comply with the existing copyright formalities at the time of publication.  

Unlike copyrighted works, those in the public domain can be used, shared, remixed, copied, and distributed all completely free and without permission from the original creator.

What is Creative Commons?

Creative Commons is a nonprofit organization that is devoted to educational access and expanding the range of digital creative works. It offers licenses to people so their work may be shared, repurposed, remixed and legal used by any member of the public under specific conditions.  Through CC licensed, millions of people around the world have made their music, videos, photos, and other creative content available for sharing and reuse.  

The Creative Commons form licenses are particularly useful for people who want to share their work as broadly as possible on the Internet. Rights granted are broad and are intended to facilitate sharing as well as mashups and derivative works.  No registration is necessary to use the Creative Commons licenses. Instead, content creators select which of the organization's six licenses best meets their goals, then tag their work so that others know under which terms and conditions the work is released.  (Source:  Creative Commons Licenses)

        

Attribution -

BY  – Credit must be given to the creator

Attribution-No Derivatives -

BY  – Credit must be given to the creator
ND  – No derivatives or adaptations of the work are permitted

Attribution-Non-Commercial -

BY  – Credit must be given to the creator
NC  – Only noncommercial uses of the work are permitted

Attribution-Share Alike -

BY  – Credit must be given to the creator
SA  – Adaptations must be shared under the same terms

Attribution-Non-Commercial-Share Alike -

BY  – Credit must be given to the creator
NC  – Only noncommercial uses of the work are permitted
SA  – Adaptations must be shared under the same terms

Attribution-Non-Commercial-No Derivatives -

BY  – Credit must be given to the creator
NC  – Only noncommercial uses of the work are permitted
ND  – No derivatives or adaptations of the work are permitted

 

(Source: Creative Commons licenses)

Book Resources

Links to Useful Resources

Online Print Resources

Digital Public Library of America (DPLA)  A collection of text, images, audio recordings, and moving images from a variety of American libraries, museums, and archives.

Directory of Open Access Journals (DOAJ)  Find open access journals & articles.

JSTOR  Open and free content on JSTOR and Artstor of journals, books, images & media, research reports and  collections

Openverse  Browse through over 600 million items to reuse.  All Openverse content is under a Creative Commons license or is in the public domain

Searching and accessing high-quality images/photographs

Be sure to read the rights information before using the photographs on each website

Agricultural Research Service - U.S. Department of Agriculture  Photos in our Image Gallery are available free of charge and are copyright-free, public domain, images unless otherwise indicated. 

Digital Public Library of America (DPLA)   The DPLA serves as a portal to the openly available, digitized contents of America’s libraries, archives, and museums. It indexes materials in all formats.

Franklin D. Roosevelt Museum and Library   All are public domain photographs unless otherwise noted in the caption. 

Gateway to Astronaut Photography of Earth   You are welcome to use our photos or videos, for which NASA does not maintain a copyright.

Library of Congress - Free to Use and Reuse Sets   This portal features content that is free to use and reuse.

Library of Congress - The Prints & Photographs Online Catalog (PPOC)   The PPOC contains catalog records and digital images. 

NASA Image and Video Gallery   NASA's image library consolidates imagery and videos in one searchable locations. Users can download content in multiple sizes and resolutions and see the metadata associated with images, including EXIF/camera data on many images. 

NASA Visible Earth   The National Aeronautics and Space Administration (NASA) catalog of images and animations of our home planet.  

National Archives Catalog   The Archival Research Catalog (ARC), the online catalog of NARA’s nationwide holdings. There are over 57,000 photos available. 

National Archives Online Exhibits   These images highlight specific historical and cultural time periods or events.  

National Oceanic and Atmospheric Administration (NOAA)   The NOAA Photo Library contains over 80,000 images that showcase the work of NOAA. 

Naval History and Heritage Command   The Naval History and Heritage Command’s photo collections are related to the US Navy (or other navies when specifically associated with US involvement or historical events) with specific emphasis on ships, aviation, places, wars/events, activities, and significant individuals associated with naval history. 

NYPL Digital Collections   The New York Public Library Digital Collections website has over 180,000 digital images that everyone may exercise the freedom to enjoy and reuse them in limitless ways. 

Pixabay   All contents are released under the Pixabay License, which makes them safe to use without asking for permission.

United States Arctic Program   Hundreds of photos that include wildlife and scenery.  Images are free to the public and reproduction/distribution available for download.  Credit to the photographer is requested.

USFWS National Digital Library   The U.S. Fish and Wildlife Service’s National Digital Library is a searchable collection of selected images, historical artifacts, audio clips, publications, and video, most of which are in the public domain.  

Wikimedia Commons   A collection of 86,089,579 freely usable media files to which anyone can contribute.

Searching and accessing video/movie content

Be sure to read the rights information on each website before using any video content

60 Minutes - Full Episodes   A collection of full episodes of CBS news program 60 Minutes.

American Rhetoric   A collection of historic speeches presented in video, audio, and text.

Archive of American Television   Interviews with actors, directors, editors, and others who are in the television industry.

BBC Online Archive   Themed collections from the BBC Archives of radio and TV programs, documents and photographs.

Civil Rights Digital Library   Access to films, audio recordings, images, and texts related to the Civil Rights Movement in the United States in the 1950's and 1960's.

Digital Public Library of America (DPLA)   A collection of text, images, audio recordings, and moving images from a variety of American libraries, museums, and archives.

Great Performances   Classical music, opera, popular song, musical theater, dance, drama, and performance documentaries.

Internet Archive   This library contains over a million digital movies uploaded by Archive users which range from classic full-length films, to daily alternative news broadcasts, to cartoons and concerts. Many of these videos are available for free download.

Library of Congress Digital Collection   Provides free and open access to written and spoken words, sound recordings, still and moving images, prints, maps, and sheet music that document the American experience.

PBS- American Experience   Full length episodes of the PBS series American Experience.

PBS- Art:21   Almost 1000 hours of original documentary footage chronicling contemporary art and artists.

PBS- Frontline   Online access to select Frontline episodes from 1983- present covering a variety of subjects.

PBS- Learning Media   Instant access to tens of thousands of classroom-ready, digital resources including videos, audio, photos, and even in-depth lesson plans. 

PBS- Main   Full length programs from the Public Broadcasting System.

PBS- NOVA   Selected programs covering topics from ancient worlds to evolution to physics and math.

PBS-POV   A collection of full-length and short films from the POV series.

TED Talks   A collection of short presentations and speeches presented by a wide variety of acclaimed individuals at the annual TED conference.

USDA YouTube Channel   Videos produced by the USDA about a variety of topics including current events, food safety, and nutrition.

YouTube Movies   Full length feature films and documentaries available to stream for free or pay-per-view.

(Source: These, and many other, free video resource links are available at the University of South Carolina, University Libraries website.)

Searching and accessing audio/sound content

Be sure to read the rights information on each website before using any audio content

Digital Public Library of America (DPLA)   The DPLA serves as a portal to the openly available, digitized contents of America’s libraries, archives, and museums. It indexes materials in all formats.

Europeana   Digital archive of over two million images, texts, sounds, and videos from libraries, museums, and archives across Europe.

Gutenberg Audio Books   Project Gutenberg is an online library of free eBooks.

Internet Archive's Audio Archive   Contains over two hundred thousand free digital recordings.

Library of Congress American Memory   Provides free and open access to written and spoken words, sound recordings, still and moving images, prints, maps, and sheet music that document the American experience. 

LibriVox   Audiobooks are free for anyone to listen to, on their computers, iPods or other mobile device, or to burn onto a CD.  

Musopen   MP3 recordings of public domain music.

Project Gutenberg Audio Books   Human-read audio books in a number of languages. 

Wikipedia:Sound/list   Public domain / Creative Commons recordings of music in the public domain, primarily classical music.

(Sources:  You may find these, and more, audio recording resources available on the University of Rhode Island, University Libraries website and the Public Domain Sherpa website.)

Copyright Videos

Creative Commons Videos

Additional Resources

Using this Guide

This guide is to inform you about copyright law and the issues pertaining to the use of copyrighted materials.

Information contained on this website is educational in nature and should not to be construed as legal advice.