LibGuides: Copyright: Copyright Explained

Role of Copyright

Not too long ago, the only familiarity most of us had with copyright was the copyright notice inside the books we read. Most faculty members would have been aware of assigning a copyright to a publisher, but this was typically an inconsequential act. Today copyright has complicated ramifications throughout academic life.

You probably have an intuitive understanding of copyright's importance in the creation and distribution of creative works -- books, journal articles, electronic publications, music, movies, software, artworks, and sculpture. And you probably are aware that when you make and distribute copies of others' works to your students, or to research colleagues, it may or may not be a fair use. And most of us by now know that massive public distribution of copyrighted works without the owners' permission is illegal. But these uses barely dip a toe in the waters.

The role of copyright in the flow of research is undergoing dramatic and exciting change. The options for scholarly communication have never been broader or more effective. You'll find discussion of copyright woven all through important aspects of research and teaching, such as:

the use of others' works in the classroom, in fieldwork, and the laboratory
building on the works of others to create new works
open source software development
use and reuse of datasets
Creative Commons licensing
open access to research results and its acceleration of the pace of scientific discovery
the digitization of books in the public domain and digital access to works still in print as well as orphan works
the resulting opportunities to discover knowledge that's been hard to access in the past

Copyright both enables us and it throws stumbling blocks in our path.

You may read the entire Copyright Law, if you are interested in more information.

Copyright Law Basics

Copyright on Campus: Copyright Law Basics
Under the current law, copyright protection is automatic and begins the moment any “original work of authorship is fixed in a tangible medium of expression.” See the chart below for the types of original works that are protected by copyright law. Copyright protection does not require any form of copyright notice or registration with the U.S. Copyright Office, although affixing a notice and registering a work enhances protection of the owner’s rights. Further, registration within 90 days of publication/creation is a prerequisite to a claim for damages in the event of infringement. There is a nominal fee for registration, and a copy of the work must be deposited with the Copyright Office.

Ordinarily, a claim for copyright infringement arises when an encroachment upon one or more of the following exclusive rights belonging to the author or creator occurs. These exclusive rights, however, are subject to certain exceptions set out in the Copyright Act. Some of these exceptions are: Fair Use (§107 of the Copyright Act), preservation by libraries and archives (§ 108 of the Copyright Act), and performance and display of works in an educational setting (§110 of the Copyright Act). Please visit the other sections of this Guide to learn more about these and other exceptions.

George A. Smathers Libraries, University of Florida Copyright on Campus - Copyright Law Basics. CC BY NC SA

US Copyright Office

The U.S. Copyright Office
Copyright functions were first centralized within the Library of Congress 150 years ago in 1870. The Copyright Office became a separate department of the Library of Congress in 1897, and the position of Register of Copyrights was created by Congress in 1897. The Register directs the Copyright Office as a separate federal department within the Library of Congress, under the general oversight of the Librarian, pursuant to specific statutory authorities set forth in the United States Copyright Act. Earlier in the nation’s history, from 1870 to 1896, the Librarian of Congress administered copyright registration (at that time mostly books) directly, and earlier still, from 1790 to 1896, U.S. district courts were responsible for doing so.

Today, the Copyright Office is responsible for administering a complex and dynamic set of laws, which include registration, the recordation of title and licenses, a number of statutory licensing provisions, and other aspects of the 1976 Copyright Act and the 1998 Digital Millennium Copyright Act. By statute, the Register of Copyrights is the principal advisor to Congress on national and international copyright matters, testifying upon request and providing ongoing leadership and impartial expertise on copyright law and policy.

There are a huge number of resources here!

Here are some additional resources from the US Copyright Office:

Circular 1 - Copyright Basics: https://www.copyright.gov/circs/circ0...
Circular 6 - Obtaining Access to and Copies of Copyright Office Records & Deposits: https://www.copyright.gov/circs/circ0...
Circular 15a - Duration of Copyright: https://www.copyright.gov/circs/circ1...
Circular 15t - Extension of Copyright Terms: https://www.copyright.gov/circs/circ1...
Circular 17 – Limitations on Information and Services Provided by the Copyright Office: https://www.copyright.gov/circs/circ1...