Copyright and Intellectual Property. The World Intellectual Property Organization (WIPO) defines intellectual property (IP) as creations from mind. They can include literary and artistic works, designs, and also symbols, names, and images used for business. WIPO identifies 3 types of IP:
Copyright is a bundle of rights for creators who make an original work in a fixed medium (U.S. Copyright Office, 2016). It also allows creators, or those who hold a copyright, to distribute, perform, copy, display, sell, or make derivatives of their work. Copyright protections are granted to a creator the moment their work is in a fixed, tangible form. In other words, the moment when an idea, image, lyric, or other work can be seen, touched, or heard is when a copyright is granted!
Copyright can also be transferred. For example, a scholar may transfer the copyright for their journal article or book to a publisher. Copyright can also be shared in a case where more than 1 person contributed or collaborated to a creation.
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Copyright protects the fixed expression of ideas, such as: |
Copyright does not protect ideas on their own, such as: |
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Copyright Terms. Copyright protection is given for a term or period of time, and not on a permanent, indefinite basis. The length of time a work has copyright protection depends on its format (e.g., a book, musical composition, or image), the year it was created, and the country where it was created. Tools like Copyright Term and Public Domain (Cornell University Libraries) can assist with determining a work's copyright terms based on its format and year of creation if was created in the US.
Copyright Infringement. Copyright infringement occurs when someone uses the rights granted to a copyright holder without their permission. Examples of this may include creating a work that is almost identical to another, using identical code for one type of software for a new one, or ripping and selling bootleg copies of a DVD. It is both an ethical and legal issue. Copyright infringement can have consequences ranging from a takedown notice (a notice to remove something from a web page), a civil lawsuit (e.g., Drake's use of sampled music in 'Pound Cake/ Paris Morton Music 2'), or criminal proceedings when done for profit or when fraudulently claiming a copyright.
Importance of Understanding Copyright. Basic knowledge of copyright is essential for anyone who wants to know their rights over their intellectual or creative work. Students, researchers, and anyone else in university settings should also have an understanding of copyright. They often use or build on the work of others, whether it is in their assignments or scholarly activity, or when using materials for teaching and instruction. They are also more likely to ethically (and legally) use intellectual property and creations of others.
Source: U.S. Copyright Office (2016). Copyright law of the United States. https://www.copyright.gov/title17/
Disclaimer: The FAU Libraries and its faculty, staff, and administration are not attorneys and cannot interpret the law. This information is provided for educational purposes only and does not substitute for advice from legal counsel.
Need copyright information for teaching and learning purposes? See the following Research Guide:
Federal Laws
Copyright in Plain Language
Public Domain, Creative Commons and Free Cultural Works
Copyright law grants some use of copyrighted works without permission through its exceptions such as Fair Use and Classroom Use Exception. If you believe your use will not fall under one of these exceptions, you may want to identify a copyright holder and then ask for permission to reuse.
A copyright is automatically granted to a creator for his or her work the moment it is made tangible. Although registration is not required, it is necessary for defending a copyright in a lawsuit; it may be recommended for those who want documentation for legal purposes. Creators can either go to the US Copyright Office web page to register theirs, or consult with an intellectual property attorney for guidance.
US Copyright Office (2019). Copyright registration [Video]. https://youtu.be/mM5fs2TCMKs
Student Work
Faculty and Affiliate Work
FAU Libraries
The Copyright Handbook: What Every Writer Needs to Know by
What copyright law protects....and doesn't No writers like to see their hard work or creativity copied by others - or to be accused of copying. Fortunately, The Copyright Handbook provides everything you need to protect yourself! Find information and forms to help you: register your work maximize copyright protection transfer ownership of copyright avoid infringement deal with infringers understand the "fair use" rule get permission to use copyrighted work profit from your copyright This edition is updated to provide the latest copyright regulations, forms and rules for filing a copyright application.
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Copyright law was once an esoteric backwater, the special province of professional authors, publishers, and media companies. This is no longer the case. In the age of social media and cloud storage, we have become a copying and sharing culture. Much of our everyday communication, work, and entertainment now directly involves copyright law. Copyright law and policy are ferociously contested. Record labels, movie studios, book publishers, newspapers, and many authors rage that those who share music, video, text, and images over the Internet are "stealing" their property. By contrast, copyright industry critics celebrate digital technology's potential to make the universe of movies, music, books, and art accessible anytime and anywhere - and to empower individuals the world over to express themselves by sharing and remixing those works. These critics argue that excessive copyright enforcement threatens that promise and stifles creativity. In Copyright: What Everyone Needs to Know�, Neil Netanel explains the concepts needed to understand the heated debates about copyright law and policy. He identifies the combatants, unpacks their arguments, and illuminates what is at stake in the debates over copyright's present and future.
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Copyright Law for Librarians and Educators by
Copyright law never sleeps, making it imperative to keep abreast of the latest developments. Declared "an exemplary text that seals the standards for such books" (Managing Information), this newly revised and updated edition by respected copyright authority Crews offers timely insights and succinct guidance for LIS students, librarians, and educators alike. Readers will learn basic copyright definitions and key exceptions for education and library services; find information quickly with "key points" sidebars, legislative citations, and cross-references; get up to speed on fresh developments, such as how the recently signed Marrakesh Treaty expands access for people with disabilities and why the latest ruling in the Georgia State University case makes developing a fair use policy so important; understand the concept of fair use, with fresh interpretations of its many gray areas that will aid decision making; learn the current state of affairs regarding mass digitization, Creative Commons, classroom use and distance education, the Digital Millennium Copyright Act, and other important topics; receive guidance on setting up on a copyright service at a library, college, or university; and find many helpful checklists for navigating copyright in various situations. This straightforward, easy-to-use guide provides the tools librarians and educators need to take control of their rights and responsibilities as copyright owners and users.
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