Check out these helpful resources to determine if a work is protected under copyright law:
To register with the copyright office or report infringement:
In the case of joint-authorship, when two or more authors work together to create a work, the copyright is shared between them, given that:
The authors decide to work collaboratively
Each author contributes significantly (this does not necessarily mean equal amounts of work) to the copyrightable expression of work.
Works made for hire: the copyright of works made by an employee in the scope of their employment will generally rest with the employer.
For example, the stories a journalist writes will typically be owned by the newspaper for which they write for; freelance writers often negotiate this before than hand over their work.
What faculty creates to promote scholarship is the instructor's...not the institutions (though K-12 institutions may have differing copyright laws).
Joint authorship is determined by the life of the last surviving author plus 70 years.
Works for hire are protected for up to 95 years from the publication OR 120 years from the creation, whichever is shortest.
Works created before 1923 are in the public domain and can be used freely.
Works created between 1923 and 1978 are in limbo:
Look for the inclusion of a copyright notice.
Was it registered under copyright law?
Was the copyright renewed?
When it doubt, treat the work as thought it is protected.
The right to reproduce (copy) the work.
The right to distribute the work (share/publish/sell).
Derivative Works
Reconstructing an original work to express it in a different way, e.g. Eragon by Christopher Paolini (a book that draws heavily on themes/content of Lord of the Rings and Star Wars)
Audio Recording: Telling a story in a different way/expressing it in a different manner.
Public Display
To "display" a work means to show a copy of it, either directly or by means of a film, slide, TV image or any other device or process.
In the case of motion picture or visual work, to show individual images consequentially.
Examples: showing images in a classroom or including a film still as part of a movie review posted to a website.
Public Performance
To "perform" a work means to recite, render, play, dance or act it, either directly or by means of any device or process
In the case of a motion picture or other audiovisual works, to show its images in a sequence or to make accompanying sounds audible.
Examples: acting out a play, hosting a film screening, musical performance, story time.
Legal exceptions: many exceptions to copyright, with a few specific to education and libraries:
Fair Use Policy
Library/Archival Copying
First Sale Doctrine
Face-to-face teaching (click here for the TEACH Act section of this guide)
Special formats to those with disabilities
Digital Millennium Copyright Act
Registering with the copyright office
Registration and the inclusion of a copyright notice is no longer necessary, but it does have some benefit:
Documents your ownership in the copyright work
Allows you to swiftly bring suit against someone who is infringing on your copyright.
If you are found guilty of infringing upon an author's copyright you could be held liable for:
Generally the person who is committing the infringement is held liable, however there are extraneous circumstances to this, such as contributory infringement.
Keep in mind:
►It's very easy to secure copyright!
►Many different types of works are protected.
►Work has copyright protection for a long time.
►Copyright infringement can occur when you take advantage of an author's rights without their permission: