Copyright

What is copyright?

Copyright is a form of protection provided by the laws of the United States to the creators of original works of authorship, including literary, musical and dramatic works; songs; movies; computer software; and architecture. Copyright extends to both published and unpublished works. The copyright owner holds exclusive rights to the work, including being the only user with unlimited copying rights and the recipient of any profits generated by the material.

How is copyright established?

Copyright protection begins automatically at the time the work is created and fixed in a tangible form. The copyright symbol (©) does not have to be present on the material for the work to be copyrighted. Works do not have to be registered with the US Copyright Office to be copyrighted, although registration does provide some advantages in the event of future lawsuits. Registration is required in order to sue for monetary damages for copyright infringement.

How long does copyright protection last?

In general, for works created after January 1, 1978, copyright protection lasts for the life of the author plus 70 years. If the author is anonymous, or the work was created under hire, copyright lasts for 95 years from the date of publication or 120 years from the date of creation, whichever expires first. For those works created prior to January 1, 1978, the term varies, dependent upon several factors. Go to the US Copyright Office’s website at http://www.copyright.gov or the Copyright Clearance Center at http://www.copyright.com for information on how to determine the copyright of a particular work.

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How can I use copyrighted material?

Portions of copyrighted material can be replicated if you obtain permission from the copyright holder or if the use falls under the fair use provision.  Fair use provides for a portion of the work to be reproduced for purposes of education, research, parody or news reporting. Below is an excerpt of the Fair Use Statute, Section 107, of the Copyright Act of 1976:

Limitations on exclusive rights:  Fair Use

…In determining whether the use made of a work in any particular case is a fair
    use the factors to be considered shall include —

1.) The purpose and character of the use, including whether such use is of
      a commercial nature or is for nonprofit educational purposes;

2.) The nature of the copyrighted work;

3.) The amount and substantiality of the portion used in relation to the
      copyrighted work as a whole; and

4.) The effect of the use upon the potential market for or value of the
      copyrighted work.

Even if your use falls under the fair use provision, however, you still need to give credit to the author; to not do so is considered plagiarism. Plagiarism is not only unethical, it can result in severe disciplinary measures from your instructor and the college. Please refer to the section on Academic Honesty under Regulations and Policies in the College Catalog for further information.

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What about electronic sources?

Even though a song, a music video, an art image, a computer game or program or an article is on the internet, it is not necessarily public domain, which allows indiscriminate free use. Being on the Internet does not automatically allow you to further copy or use the material. Be careful! The material could still be copyrighted, and you are still required to abide by the terms and conditions of the person who lawfully posted the material. Unlawful copying of copyrighted material can be prosecuted, and the person doing the copying could face severe fines, as evidenced in the recent internet music lawsuits.

In addition, linking to another’s website without permission is bandwidth theft and may also be considered copyright infringement in some cases.

Further Information

The following books on copyright are available at the MCC Libraries:

These websites on copyright may provide additional information:

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Works Consulted

The following websites were consulted in the preparation of this pamphlet and may also provide further information:

L. Annesi, 1/2005, http://www.monrocc.edu/go/library

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