Copyright Quickguide

What You Need To Know About Copyright

Prepared by the Copyright Management Center
Indiana University Purdue University Indianapolis
Kenneth D. Crews, Director

You might have a question about fair use, or you might be struggling with determining the ownership of a copyrighted work. Whatever your question, a little background about copyright law will allow you to focus your question and have a better understanding of the answer. Take a few minutes to learn these important fundamentals of copyright:

Copyright Protects a Vast Range of Materials

Examples: Books, articles, photographs, paintings, sculpture, software, websites, architecture, pantomimes, ballets, music, sound recordings, and even doodles, scribbles, and graffiti.

Scope: Copyright can apply to any “original work of authorship” that is “fixed in any tangible medium of expression.” Protection automatically extends to any qualifying work, whether published or not, and whether created in the U.S. or in almost any country of the world.

Exceptions: Copyright does not apply to facts, slogans, titles, and simple phrases. Also exempt from protection are works of the U.S. government (be careful: the exemption does not apply to works created by state, local, or foreign governments).

Works are Protected Automatically

Automatic Protection: As soon as you create an “original” work that is “fixed,” you get copyright protection automatically.

Copyright Notice: No longer is a copyright notice on the work required for protection, but a notice does provide some legal and practical benefits.

Copyright Registration: No longer must the work be registered with the U.S. Copyright Office to be protected, but registration does provide some legal and practical benefits.

The Author is Generally the Copyright Owner

General Rule: The person who actually creates the new work is the original copyright owner.

Exception: In the case of a “work made for hire” the copyright belongs to the employer of the person who creates it.

Exception: You may transfer your copyright, but a valid transfer requires a signed writing.

More Information: See, Copyright Management Center: Who Is the Copyright Owner?

Copyright Owners Hold the Fundamental Rights

Rights of Owners: (1) reproduction of the work; (2) distribution of copies of the work; (3) making of “derivative” works; (4) public performance; and (5) public display.

Infringement: Occurs when someone other than the copyright owner exercises any of these rights.

Possible Infringements: Photocopying; uploading to websites; copying software; sharing MP3 files; musical performances; public film exhibitions.

More Information: See, Copyright Management Center: How Do I Secure My Copyrights?

You Can Use Copyrighted Works Without Infringement

Uses in Education: The law includes numerous exceptions to the rights of copyright owners, and many allow certain uses education and research. To read the law, see: Copyright Management Center: Copyright Law.

Fair Use: This is the best known of all exceptions, but not all “educational” uses are allowed under fair use. For more information, see: Copyright Management Center: Fair-Use Issues.

Permission: If your plans are not within an exception, you can secure permission from the copyright owner. For more information, see: Copyright Management Center: How to Secure Permission to Use Copyrighted Works.

Copyright Protection Lasts Many Years

Duration of Protection: Most copyrights today last through the life of the author, plus 70 years. See, When Works Pass Into the Public Domain and Kenneth Crews's Identifying the Public Domain.

Before 1978: Works published before 1978 can have copyright protection for a maximum term of 95 years.

Unpublished Works: Most recent and ancient works that have remained unpublished are (or soon will be) subject to the basic protection of “life plus 70 years.”

Need More Information?

Your questions might well reach beyond these basics, and each of these points is filled with turns and twists. Explore the rest of this website for more guidance and information about copyright.

Read this Book: Kenneth D. Crews, Copyright Law for Librarians and Educators, Second Edition. (Chicago: American Library Association, 2006).

Read the Intellectual Property Primer , a brief overview of copyright, patent, trade secret, and trademark law prepared by Todd G. Vare, partner in Barnes & Thornburg’s Intellectual Property Department Indianapolis, Indiana and Professor Kenneth D. Crews, Associate Dean of the Faculties for Copyright Management, IUPUI.

For an introduction to copyright and fair use in the academic setting, read "New Media, New Rights, and Your Dissertation."

Links Updated: February 28, 2006