Content by Elizabeth Baker

What Is Copyright?

Carteret Community

College Library

What Is Copyright?

Elizabeth Baker, 2009

• A form of legal protection for creative works.

• Granted to authors or creators.

• Extends to both published and unpublished works.

Why Is Copyright Important?

Elizabeth Baker, 2009

Because it is the law.

The copyright statute is found in Article 1, Section 8 of the United States Constitution:

“Congress shall have the power ‘To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.’’

http://www.lib.ncsu.edu/scc/tutorial/basics.html

What Works Are Protected?

Elizabeth Baker, 2009

• Literary works. (Books, other printed works)

• Musical works. (Songs)

• Dramatic works. (Plays)

• Pictorial, graphic, and sculptural works. (Pictures, graphs, art work, statutes, etc.)

• Motion pictures and other audiovisual works. (Movies, films, etc.)

What Works Are Protected?

Elizabeth Baker, 2009

• Sound recordings. (Interviews, books on tape, etc.)

• Pantomimes and other choreographic works. (Dances)

• Architectural works. (Buildings, blueprints, etc.)

http://www.copyright.gov/

Elizabeth Baker, 2009

What are the Rights of the Copyright Holder ?

The copyright holder has the following exclusive rights:

• To reproduce the work. (To make copies)

• To prepare derivative works. (To change the original format or style)

• To distribute copies of the work. (To sell or market the copies)

What are the Rights of the Copyright Holder ?

• To publicly perform the work. (To sing, act, dance, etc.)

• To publicly display the work directly or by telecommunication. (To broadcast or publish)

• To publicly perform a sound recording by digital transmission.

• http://www.lib.ncsu.edu/scc/tutorial/basics3.html

Elizabeth Baker, 2009

When Does Copyright Begin?

• Immediately.

• However, the work must be in “fixed form.” This means that it must be written, sung, drawn, etc.

• The copyright belongs to the creator or author.

• Only the author (or those to whom the author has given rights) can use the work lawfully.

• http://www.copyright.gov/circs/circ1.html#wccc

When Can an Original Work be Freely Used?

• When the copyright has expired.• When the original was prepared by a

federal governmental employee.• When the copyright has been lost.• When the work belongs to the public

domain.• Works that lack enough originality to

qualify for copyright protection.

Elizabeth Baker, 2009

What Is the Public Domain?

• The body of works not protected by copyright.

– Copyright has expired.– Not eligible for protection under the law.

• They can be freely used by anyone at anytime.

• They must be properly cited in order to avoid plagiarism.

How Does Copyright Affect the Internet?

• Applies just like any other format. • As soon as a web page is created, the author

or publisher holds the copyright.• No notice is required on the web page for

the content to be protected.• You will need to seek permission from the

copyright holder to use copyrighted material (a photograph, article, company logo, etc.).

• You can include a link on your web site to another web page without violating copyright.

How Does Copyright Affect the Classroom?

• There are some exceptions for classroom use.

• These exceptions apply to face-to-face instruction.

• They allow non-profit, academic institutions to follow Fair Use guidelines.

• These guidelines allow only 10% or less of an entire work to be used.

How Does All This Affect Me?

Any facts, quotes, pictures, diagrams, charts, etc. included in your paper or project that are not your original ideas, thoughts, observations, art work, or photographs, or that is not common knowledge, must be properly cited.

How Does All This Affect Me?

• If you do not list your sources, you could be found guilty of plagiarism.

• In addition, you could be guilty of copyright infringement for using someone else’s work or creativity without proper permission or authority.

Elizabeth Baker, 2009

What is Copyright Infringement?

• The use of lawfully protected material in an unauthorized manner.

• Copyright infringement includes: piracy, sharing, downloading, copying, etc.

• If a court finds you guilty of copyright infringement, you will be ordered to pay damages to the copyright holder.

Happy Researching!