Copyright Guide: Copyright Basics

This guide will inform you on copyright and issues pertaining to the use of copyrighted materials.  It will not supply legal advice.  If you cannot find the answer to your question here or would like to arrange a consultation, please feel free to ask a librarian.

Saint Leo University Policy concerning copyright and computer usage

University owned or operated computers and copy machines are provided for use to faculty, students, staff, and authorized associates. All faculty, students, staff, and associates are responsible for using University resources in an effective, efficient, ethical, and lawful manner.

• Resources owned by the University, including computers and copy machines, are not to be used for non-University related activities.
• Software use must conform to copyright laws and licensing agreements.

An individual's computer use privileges may be suspended or restricted immediately upon the discovery of a possible violation of these guidelines, or other campus policies. Individuals who violate these guidelines will be subject to sanctions outlined in the University's Student Handbook, Employee Handbook, or Academic Honor Code. All such cases will be forwarded to the appropriate officer of the University for action.

For more information, please see the Computer Usage Guidelines in the Student Handbook, or the Employee Handbook, both of which are available online.

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. 

Copyright protection exists from the moment a work is fixed in a tangible form of expression (This could include a DVD, CD, even a napkin with writing on it).  It is the right granted by law to an author or creator to control the use of the work created. This allows the owner of the copyrighted material to:

•  Make copies (A copy is the reproduction of an original work, here are some examples of what would be considered a "copy":  download, PDF email attachment, photocopy or scan, etc.)
•  Distribute copies (including using the internet)
•  Prepare derivatives based on the original work (like a sequel or spin-off)
•  Perform the work publicly
•  Display the work publicly

Under the copyright act, section 102, the following is protected:

• Literature
• Music and lyrics
• Drama
• Pantomime and dance
• Pictures, graphics, sculpture
• Films
• Sound recordings
• Architecture
• Software

The Public Domain is a state of belonging to the public as a whole and not being protected by copyright law.  Works in the public domain are those for which copyright protection has expired, been forfeited or were inapplicable.  They can be copied, distributed, performed and displayed without seeking permissions or applying to an exception under copyright law.  For example:

• Expired:  Copyright protection for Pride and Prejudice by Jane Austen, first published in 1813, has expired.  It is in the public domain. (see above:  How Long is a Work Protected by Copyright)
• Forfeit:  Copyright protection for Sita Sings the Blues  has been forfeited by the creator Nina Paley in a public announcement updated in 2011. 
• Inapplicable:  U.S. Federal Government publications are not granted copyright protection at all.  All U.S. Federal Government publications fall immediately into the public domain.  (note:  publications made by third parties under government contract and by state governments (for example) are considered differently by the law and may be protected by copyright.)

There are a few handy tools that can help you determine if a work is in the public domain:

There are several ways you can use copyrighted work.

• You can link to the material.  Linking to an image or public website is not copying.  While you should still cite and give attribution to the owner of the website, it is not usually required to request permission to link to a publicly available website.
• You can request permissions from the copyright owner.
• You can use the work in accordance with an existing license.  For instance:  1.) The library negotiates licenses to online content that allow for classroom and reserves use.  2.)The work may be issued under a creative commons license where the creator has clearly established what others can do with his work.
• Your use may fall under exceptions and limitations of copyright law, like fair use, section 108 for libraries, or the T.E.A.C.H. Act

Get more information:

Used with permission from LeEtta Schmidt, Copyright Librarian at USF.

Our heartfelt thanks to all libraries that freely share their expertise.