Introduction
Faculty and Instructors this page has 13 areas for you to check out with all kinds of Copyright information that you may need. Click on each of the 13 items to be brought directly to that part of the page.
Copyright is determined by the country in which the product was made tangible. Since we are located with the United States information provided here reflects U.S. laws. The information presented here is intended for informational or educational purposes only and should not be construed as legal advice. If you have specific legal questions pertaining to copyright or intellectual property please contact your lawyer.
Copyright is a legal protection in the United States that allows authors and other creators to control their original, creative work. The work must be "fixed in a tangible medium of expression" - i.e. written on a piece of paper, saved on a computer hard drive, or recorded audio or video. In general, copyright holders have the exclusive right to do, and to authorize others to do, the following:
See What Does Copyright Protect? FAQ from the U.S. Copyright Office.
 |
Original or creative expressions fixed in a tangible medium are protected by copyright, such as:
|
|
|
Copyright does not protect:
|
Copyright occurs automatically at the creation of a new work. You are no longer required to provide a copyright notice within your work to receive copyright protection.
 |
Copyright Notice
|
For works created since March 1, 1989, copyright lasts from the moment a work is created until 70 years after the death of the author, except for works produced by anonymous, pseudonyms, or for hire where copyright lasts 95 years from publication or 120 years from the date of creation. Works created before this date can have various copyright protection. The Digital Copyright Slider can be used to help define how long the protection of an item may last.
The creator usually is the initial copyright holder. If two or more people jointly create a work, they are joint holders of the copyright, with equal rights. Here are some examples of the exclusive rights of copyright holders that you now have the freedom to exercise:
Derivative works are works that are based in whole or in part on the original work (e.g. a sequel or movie adaptation of a book), if you remix, rearrange, translate, adapt, and alter the original work to your preferences. Here is a great example of a derivative work based on a public domain work (the Mona Lisa):
 |
 |
|
Title: Mona Lisa |
Title: L.H.O.O.Q. |
In addition, Duchamp's derivative work is also in the public domain, so anyone could alter his derivative work, perhaps by lengthening the mustache or adding hair on the chest! (Note, however, that the work is still under copyright in its home country of France until 2039.)
For example, you could take the play Hamlet and make your own PDF copies of it, put annotations in it, make a cover for it, and distribute it or sell it online for others to read.
No. Linking to content online (i.e. web page, image or video) is just connecting the audience to the available resource. Citation and proper attribution to the owner of the work is expected. There is no legal requirement to request permission to link to a publicly available website.
An example of publicly performing the work would be performing a play in front of an audience, and an example of displaying a work would be posting a photo on an online blog. Another example would be uploading a film online for others to view, such as on YouTube. Please note with films and other audiovisual works, you have to be careful, because there are layers of potentially copyrighted material in the film, such as the music/soundtrack, literature, characters, art, etc. An example of this complication involves the 1946 film It's a WonderfulLife, which entered the public domain in 1974 due to a clerical error in renewing its copyright. The film, which was not a box office hit when it was released, became suddenly popular after it entered the public domain due to the fact that broadcast television networks didn't have to pay royalties to air it. However, a few years later a lawsuit took place concerning the film's script and the soundtrack of the film; the plaintiff won, and although the film's images are technically in the public domain, the film is treated as if it is not in the public domain, because the music and the script are still protected by copyright. The film images, however, can be used freely, since they are still in the public domain.
Donna Reed and James Stewart, It's a Wonderful Life, 1946
If a work is created as a part of a person's employment, that work is a "work made for hire" and the copyright belongs to the employer, unless the employer explicitly grants rights to the employee in a signed agreement. Faculty writings (including "textbooks, scholarly monographs, trade publications, maps, charts, articles in popular magazines and newspapers, novels, nonfiction works, supporting materials, artistic works, syllabi, lecture notes, and like works") may or may not be treated as "work made for hire"; this is dependent on your local environment, therefore please see your local Intellectual Property Policy and any signed agreements (i.e. employment contract) for more information.
In the case of work by independent contractors or freelancers, the copyright belongs to the contractor or freelancer unless otherwise negotiated beforehand, and agreed to in writing. Please visit Circular 9: Works Made for Hire from the U.S. Copyright Office for more information on "work made for hire."
It is possible to transfer copyrights; this frequently happens as a part of publishing agreements. In many of these cases, the publisher then holds the copyright to a work, and not the author. A valid copyright transfer requires a written agreement. This includes "click through agreements" commonly found within submission and application forms.
If you are an employee at an institution in Florida, you may or may not hold the copyright to the content you create in the course of your employment. Generally, employees do not hold the copyright to the materials they create in the course of their work duties, especially if the content is specifically related to the institution. In this case, copyright is held by the institution and the work is considered a "work made for hire" under U.S. copyright law. You should consider the questions in the chart below to determine whether you or your institution holds the copyright to the work you create while working, teaching, writing, and/or creating content at your institution.
| Why/how did you create the work? | Who holds the copyright? | Exceptions |
|
As part of the normal course of your employment |
Institution |
The copyright may be held by you if:
|
|
As a employee using substantial institutional resources when creating the work |
Institution |
"Substantial use" is defined as receiving staff, salary, or material support beyond that normally provided to the creators. Institution owns the copyright to the specific materials but not to the intellectual content of the courseware. |
|
In the course of your employment for scholarly or artistic means |
Depends, see local agreements and Intellectual Property Policy |
The copyright may not be held by you if:
|
The United States Copyright Office is the number one authority on copyright in the US. Please refer to their documentation and instructions if you have additional questions about their website or information. Current copyright law can be found at http://copyright.gov/title17/.
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. 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.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Notwithstanding the provisions of section 106, the following are not infringements of copyright:
(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;
(2) except with respect to a work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired under this title, and the transmitting government body or accredited nonprofit educational institution knew or had reason to believe was not lawfully made and acquired, the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission, if—
(A) the performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit educational institution;
(B) the performance or display is directly related and of material assistance to the teaching content of the transmission;
(C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to—
(i) students officially enrolled in the course for which the transmission is made; or
(ii) officers or employees of governmental bodies as a part of their official duties or employment; and
(D) the transmitting body or institution—
(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and
(ii) in the case of digital transmissions—
(I) applies technological measures that reasonably prevent—
(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and
(bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and
(II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination;
Find something without copyright protection. Check to see if what you need or something comparable is in the public domain. The Merriam-Webster Dictionary (2017) defines public domain as “the realm embracing property rights that belong to the community at large, are unprotected by copyright or patent, and are subject to appropriation by anyone.” Any content published in the United States (U.S.) before 1929, documents produced by the U.S. federal government, and publications from U.S. state governments are the most common materials in the public domain. Content in the public domain can also include some oddball or uncommon creations. These creations include objects created by nature, plants, animals, machines, random selection, or any objects not created by a human. For example, a flower pressed in a book might create a unique outline on the page, but that outline will not receive copyright; it was created by the flower and the book, and, by law, only human beings can own copyrights.
Works created in the U.S. before 1929. Works that have a CC0 License or a Public Domain Mark (PDM) can be the easiest to determine whether they are in the public domain because they are clearly marked on the content.
|
CC0 (CC Zero) |
Public Domain Mark (PDM) |
 |
 |
State and federal documents are sometimes produced by independent contractors; if this is the case then the work is only in the public domain if it was “work for hire.” If you are uncertain about the work’s copyright status, you may need to:
Determining if other types of works (e.g. works published between 1929-1989) are in the public domain may not be as simple. To aide in determining if a work is in public domain, find the answers to the following questions:
Is the work copyrightable? If no, then the work is in the public domain.
Has the work been published? If yes, also determine:
Was it published with a copyright notice?
Where and was it first published in the U.S.? When?
Is the work produced by a corporate author, work for hire, anonymous, or pseudonymous?
Is the work an original, derivative, or compilation of content?
Find something with an open or existing license. Check to see if what you need or something comparable has an existing license. Common instances in which materials have existing licenses include:
Determine if your use falls under an exemption
If necessary, request permission or purchase a license through a collective rights agency to use the item; it's not very common for an individual faculty member to purchase a license for use of a copyrighted work in the classroom. Faculty members in music, drama, and dance may be familiar with purchasing specific public performance licenses.
Model Permission Letters can be used to ask permission before posting content, from Dr. Kenneth D. Crews (formerly of Columbia University)
Even though created works may no longer be protected by copyright or patent law, these works may still have other types of protections. These protections can include trademark, publicity, privacy, HIPAA, and FERPA. If the work is still protected through one of these areas, then the content may technically be in the public domain but be afforded other protections that do not allow it to act as if it was in the public domain. For example, you want to publish some letters that were written many years ago, and you've determined that the letters are no longer protected by copyright; however, you discover that the letters reveal private information about individuals who are still alive today, and therefore, you may have to seek permission from those individuals before you decide to publish the letters.
While U.S. law does not require attribution to the creators of public domain works, it is considered ethical and moral to provide that information about creators/artists/authors.
Written consent for a FERPA waiver must be signed and dated by the eligible student and:
I, a student at a postsecondary educational institution or a student age 18 years or older, ________________________ , consent to the release of personally identifiable information from my education records or I, parent or guardian of a student at a secondary educational institution under the age of 18, _______________ consent to the release of personally identifiable information from the education records of my son/daughter.
I understand that the records to be disclosed include XXX and other personally identifiable information from my education records. I acknowledge that the purpose of the disclosure is to assist XXX in XXX.
I understand that the personally identifiable information will be disclosed by the educational institution to anyone with access to the world wide web.
| _________________________________________
Signature of Parent or Student
|
_______________________ Date |
Trademarks, like copyrights and patents, are another form of intellectual property. Trademarks are recognizable and can be signs, designs, expressions, words, or symbols that help identify products and services to others in order to distinguish those services and products from others. Starbucks® coffee is an example of a trademarked name. Trademarks must be distinctive and used in commerce. For non-use of a trademark over three consecutive years without adequate control or supervision or from the trademark becoming generic, trademark rights can be lost.
If you are using a trademarked logo, design, or name, you may have already determined that your use of the image or name is fair use under U.S. copyright law, but you will also need to consider whether it is fair use under U.S. trademark law. There are two types of trademark fair use:
Essentially, if you are not using the trademark to sell or promote an actual good or service and your use does not confuse individuals with a good or service, your use could be considered fair use. However, "promoting or selling an actual service or good" is often misunderstood. You may not be making any money by using the trademark, but it could be considered promotional, and thus, it could be considered trademark infringement.
Florida Institutions of Higher Education require compliance with copyright law and, when appropriate, supports the exercise in good faith of full copyright exemption rights by faculty, staff, and students. Specifically, Florida Institutions of Higher Education:
Course content can be covered by copyright. It is important that this content be placed in a tangible format. Please note that faculty may or may not be the copyright owners of their course content. It is recommended that you include a copyright statement within your course syllabus (Be sure to update the year and include your name).
Statement for Copyright Notification:
Copyright 20xx ([your name here]) as to this syllabus and all lectures. During this course students are prohibited from selling notes to or being paid for taking notes by any person or commercial firm without the express written permission of the professor teaching this course.
You may wish to verbally draw attention on the first day of classes to any such statements that you include in your syllabus. In addition to giving the notice of copyright, you should take steps to assure that your lectures and any other material you wish to protect are fixed in a tangible medium of expression and hence protected under the copyright laws. For this purpose, you can make detailed lecture notes, use detailed overheads, slides or online presentation slides, or record your lectures. These steps will strengthen your right to claim copyright in your lectures and will notify students of restrictions on their use. If you have lecture notes posted on a website, you may wish to apply a copyright notice as well. You can simply add the following information to your website: Copyright 20xx (your name here).
As a copyright holder it is important for you to be active in protecting your content. Sites will use the name and information of higher education institutions to solicit students to post information on your course. You should warn students that posting your content is not allowed and could be a violation of the Student Code of Conduct. As the holder of the copyright you also have the right to seek legal representation and pursue litigation. If you decide to take this step you may consider registering your copyright.
The Copyright Crash Course from the University of Texas Libraries has a wealth of information for faculty teaching in the digital environment.
As a copyright holder, you are encouraged to take an active role in managing your copyrights. As the original copyright holder you have the right to reproduce the work, prepare derivative works, distribute copies, and perform and display the work publicly. Many authors traditionally have transferred some or all of these rights to a commercial publisher in order to publish a journal article, proceeding, manuscript, textbook or book chapter. However, this is not your only option. The information below will help you to understand author rights and how to retain rights when publishing. You can also use the Author Rights Checklist for Scholarly Authors to easily follow a workflow for retaining your rights when publishing your research.
As a copyright holder and before working with a publisher or journal you should consider:
What author rights you would like to retain;
The Scholar's Copyright Addendum Engine will help you generate a PDF form that you can attach to a journal publisher's copyright agreement to ensure that you retain certain rights. You can further edit this PDF to specify even more rights. Specifying on the original contract that it is "subject to the attached addendum" is also a good idea. Be wary of click-through agreements. If in doubt, you can leave the webpage without clicking "accept" or "submit," and then you can contact the editor to negotiate your rights.The Addendum to Publication Agreement is a PDF addendum provided by SPARC (Scholarly Publishing and Academic Resources Coalition) that allows you to retain all your rights under copyright. The Science Commons Publication Agreement allows you to specify what rights you are willing to grant to the publisher. You may also choose to simply Choose a Creative Commons License. If not, here are some basic rights you might want to retain include:
What author rights the publisher or journal allows you to retain;
It’s important to research a publisher's copyright policies. You can search the SHERPA/RoMEO database to find information about specific journals and publishers; the database will let you know a publisher's policies on what version of an article you can archive and where you can archive the article (such as on an institutional repository, or on your personal website or academic social media profile).
And, whether the author rights the publisher grants you are sufficient for your needs.
Think about any rights you may want to secure now and in the future. It is highly recommended that you fully read and understand your contract before signing. Publisher copyright policies usually do not cover every aspect of a contract, and if you are publishing in a special issue of a journal, for example, there may be more specific stipulations in the contract that either restrict or expand your author rights. Know what rights it allows you to retain. There are 3 basic options when dealing with publishers: Transfer all copyrights to the publisher, transfer copyright but negotiate some or all of the rights with the publisher, or keep all copyrights.
Copyright protection is automatic and begins the moment the work is placed into a tangible form. A work does not need to be registered to be protected by copyright law. If copyright is automatic and processing can take over one year you may ask why one would want to register for copyright. Copyright registration can give you additional benefits like:
Schedule of fees available at: http://copyright.gov/docs/fees.html.
You may register a work at any time while it is still in copyright. Registering is not difficult and can be done online. Visit the United States Copyright Office website for instructions and forms.
The use of a Creative Commons license allows you to grant permission up front. This allows others to use your work in ways that you specify. This is also the only way for an author to require attribution in the U.S. Copyright holders can actually enter any license agreement under any terms they choose, however this needs to be in a written format.
You may also decide to submit your content directly into the public domain.
U.S.Copyright Office - The site where you can register your copyrights, renew copyrights, search copyright records, and learn more about copyright law.
Creative Commons - A non-profit organization that works to increase the amount of scholarly works (cultural, educational, and scientific content) in "the commons" — the body of work that is available to the public for free and legal sharing, use, re-purposing, and re-mixing.
Science Commons - A Creative Commons project "meant to lift legal and technical barriers to research and discovery".
Public Domain Sherpa - This site is an excellent resource and guide for understanding the public domain and copyright as it pertains to books, maps, photos, sheet music, and sound recordings. It is administered by an attorney and writer who is passionate about copyright and trademark issues, licensing, and contract negotiation.
Trademark and the Public Domain - an informative page on the Public Domain Sherpa website that offers insight into reusing works that are in the public domain (or whose copyrights have expired) yet include a trademark. Essentially, what it comes down to is how you use the trademark. To commit trademark infringement, you would have to use the trademark commercially and/or potentially confuse consumers regarding the identity of a product or service.
Copyright Genie The Copyright Genie will walk you through the steps to determine if a work is in copyright and, if it is, when it will enter the public domain.
Digital Copyright Slider From the ALA Office for Information Technology Policy, a visual and interactive way to figure out if something is under copyright.
Fair Use Evaluator This tool helps you make a fair use evaluation and provides a PDF document of your evaluation for your records.
Interactive Guide to Using Copyrighted Media in Your Courses This interactive guide from Baruch College at the City University of New York helps faculty determine the appropriate guidelines to follow for using different types of media in face-to-face classes and online classes.
Copyright Renewals Database This is a database of copyright renewal records for US Class A (book) renewals received by the US Copyright Office between 1950 and 1992 for books published in the US between 1923 and 1963.
Copyright Term Calculator Use information on hand to determine whether or not a specific work is in the public domain. This calculator takes into account the potential restoration of copyright for items published outside of the U.S. due to Uruguay Round Agreements Act.
Catalog of Copyright Entries These PDF files can be used to find copyright renewal records for items that aren’t US Class A (books) renewals. Note: Copyright renewal had to occur sometime during the 28th year, however sometimes the Library of Congress could be slow in publishing said renewals. To maximize the search, look for the renewal records from the 27th to the 29th year.
Exceptions for Instructors eTool Guide This tool helps you determine if your intended use meets the requirements set out in the law and provides a PDF document for your records.
TEACH Act at the Copyright Crash Course Introduction to and explanation of the TEACH Act and how it may facilitate use of copyrighted works in the classroom. This site also includes a checklist to determine if a work qualifies.
Creative Commons License Tool Follow the steps to choose the appropriate Creative Commons license for your creative or scholarly work.
Section 108 Spinner Use this spinner/tool to find out if the reproduction of a work is permissible under Section 108: Limitations on exclusive rights: Reproduction by libraries and archives.
Copyright.gov Public Catalog (1978-Present) This database shows records of all copyright registrations for all works dating from January 1, 1978, to the present, as well as renewals and recorded documents.
Copyright.gov Copyright Records (Pre-1978) This ongoing project presents records of copyright ownership from the United States Copyright Office for the period from July 1891 through December 1977.
Copyright Term and the Public Domain in the U.S. - Reference Table - This table gives more context for determining the copyright status of an work, such as the length of the copyright term and the copyright status of works published or created outside the United States.
List of Resources for Finding Works in the Public Domain - This source list is provided by the Public Domain Review, an online journal and not-for-profit project dedicated to the exploration of curious and compelling works from the history of art, literature, and ideas.
Internet Archive and Online Books - Renewal records for other media formats can be found in digital copies of the Catalog of Copyright Entries made available online through the two linked resources (above). When looking in these scanned copies, remember that copyright renewal had to take place in the 28th year, so look at records for 27 to 29 years after the copyright date.
