Copyright law, as defined in Title 17 of the United States Code, protects "original works of authorship fixed in a tangible medium of expression" for a limited period.
Copyright protection includes, for instance, the legal right to publish and sell literary, artistic, or musical work, and copyright protects authors, publishers and producers, and the public.
Copyright applies both to traditional media (books, records, etc.) and to digital media (electronic journals, Web sites, etc.).
Copyright protects the following eight categories of works:
Ownership of a copyrighted work includes the right to control the use of that work.
Use of such work by others during the term of the copyright requires either permission from the author or reliance on the doctrine of fair use. Failure to do one or the other will expose the user to a claim of copyright infringement for which the law provides remedies including payment of money damages to the copyright owner.
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What is Fair Use?
Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. (See Title 17, chapter 1, section 107 [PDF])
What Determines Fair Use?
The following four factors are used to determine if a use is fair:
* Not all uses in an academic context are automatically considered fair use!
Fair Use in Academia
The Fair Use Doctrine is probably the most important exemption to copyright protections for educational settings, allowing many uses of copyrighted works for the purposes of teaching and research.
The complexity of fair use and its importance in academia make it imperative that every member of WGTC understands how to make judgments concerning fair use.
Review the Common Copyright Scenarios on the left menu to help you determine whether or not fair use is appropriate.
Tools for Determining Fair Use
