FAQ
How long does copyright last?
I’m a teacher and I want to use
copyrighted material in my class. Am I allowed?
Can I use Clip Art?
Can I put my classroom material on
the Web?
How do I tell if something is in the public
domain?
What does copyright protect?
Do I have to register with the U.S. copyright
office to get copyright protection?
Why should I register my work if copyright
protection is automatic?
Does my work have to be
published to be protected?
What is publication?
How do I register for a copyright?
What is a copyright notice? How do I put
a copyright notice on my work?
Can I copyright a recipe?
Does copyright protect architecture?
Can a minor claim copyright?
Can I copyright a name, title, slogan or
logo?
Somebody infringed my copyright. What
can I do?
How long does copyright last?
The Sonny Bono Copyright Term Extension Act, signed into
law on October 27, 1998, amends the provisions concerning
duration of copyright protection. Effective immediately, the
terms of copyright are generally extended for an additional
20 years. Specific provisions are as follows:
- For works created after January 1, 1978, copyright protection
will endure for the life of the author plus an additional
70 years. In the case of a joint work, the term lasts for
70 years after the last surviving author’s death.
For anonymous and pseudonymous works and works made for
hire, the term will be 95 years from the year of first publication
or 120 years from the year of creation, whichever expires
first;
- For works created but not published or registered before
January 1, 1978, the term endures for life of the author
plus 70 years, but in no case will expire earlier than December
31, 2002. If the work is published before December 31, 2002,
the term will not expire before December 31, 2047;
- For pre-1978 works still in their original or renewal
term of copyright, the total term is extended to 95 years
from the date that copyright was originally secured.
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I’m a teacher and I want to
use copyrighted material in my class. Am I allowed?
U.S. copyright law contains a provision that allows limited
use of copyrighted works without the permission of the owner
for certain teaching and research purposes. For more information
on “fair use” click here.
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How do I tell if something is in the
public domain?
If it was produced with public funds (i.e. a NASA image),
it’s public. But otherwise, it’s not always easy
to tell. A search of the U.S. copyright office records may
reveal whether a particular work has fallen into the public
domain. They’ll conduct a search for $65/hour or you
can do it yourself in person for free.
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Can I use Clip Art?
If I create a PowerPoint presentation or a web site that
includes clip art, is it possible I could be liable for copyright
infringement? The makers of clip art packages typically copyright
their work. The version you purchase may or may not come with
a distribution agreement that licenses you to distribute it
within certain situations. It is recommended that you read
over the agreement in order to fully understand what the limitations
of using that clip art package might be. There are plenty
of freeware clip art sites on the Internet that you should
be able to use freely, without copyright concerns.
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Can I put my classroom material
on the Web?
Is it ok for me to put my syllabi, lesson plans, or any
other classroom notes on-line? In most situations under the
Copyright Act of 1976, when you create a lesson plan or syllabi
and share them with your class you will not have many problems.
However, the rules change if you decide to upload that same
material to the World Wide Web or the Internet. When you produce
a web site that is not on a password protected server or Intranet,
you are making all of those materials, which may include anyone
else's copyrighted materials, available to an unlimited number
of people who have open access to your web site. When a web
site is created, you are legally publishing all items and
materials in that web site. This means that you could possibly
be reproducing copyrighted materials illegally if you are
using copyrighted materials in your lesson plans or syllabus.
If you are using copyrighted material in the classroom and
want to put that material on-line you must either:
- secure permission from the copyright holder
or
- remove the material.
The Copyright Act of 1976 states that a person who infringes
on someone else's copyright can be sued for damages. Always
double check your lesson plans or syllabi to ensure you have
not used part or all of someone else's work. These could include
but are not limited to: photographs, recordings, published
documents, compositions, and performances.
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What does copyright protect?
Copyright, a form of intellectual property law, protects
original works of authorship including literary, dramatic,
musical, and artistic works such as poetry, novels, movies,
songs, computer software and architecture. Copyright does
not protect facts, ideas, systems, or methods of operation,
although it may protect the way these things are expressed.
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Do I have to register with the U.S.
copyright office to get copyright protection?
No. Copyright exists from the moment the work is created.
You will have to register, however, to sue somebody for infringement.
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Why should I register my work
if copyright protection is automatic?
Registration is recommended for a number of reasons. Many
choose to register their works because they wish to have the
facts of their copyright on the public record and have a certificate
of registration. Registered works may be eligible for statutory
damages and attorney's fees in successful litigation. Finally,
if registration occurs within five years of publication, it
is considered prima facie evidence in a court of law. In other
words, to sue for infringement in federal court, you must
register.
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Does my work have
to be published to be protected?
Publication is not necessary for copyright protection.
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What is publication?
Publication has a technical meaning in copyright law. According
to the statute, "Publication is the distribution of copies
or phono records of a work to the public by sale or other
transfer of ownership, or by rental, lease, or lending. The
offering to distribute copies or phonorecords to a group of
persons for purposes of further distribution, public performance,
or public display constitutes publication. A public performance
or display of a work does not of itself constitute publication."
Generally, publication occurs on the date on which copies
of the work are first made available to the public.
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How do I register
for a copyright?
To register a work, you need to submit a completed application
form, a non-refundable filing fee of $30, and a non-returnable
copy or copies of the work to be registered. Check the US
Copyright Office web site for more information.
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What is a copyright notice? How do
I put a copyright notice on my work?
A copyright notice is an identifier placed on copies of
the work to inform the world of copyright ownership. While
use of a copyright notice was once required as a condition
of copyright protection, it is now optional. Use of the notice
is the responsibility of the copyright owner and does not
require advance permission from, or registration with, the
Copyright Office.
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Can I copyright a recipe?
No. A mere listing of ingredients is not protected under
copyright law. However, where a recipe or formula is accompanied
by substantial literary expression in the form of an explanation
or directions, or when there is a collection of recipes as
in a cookbook, there may be a basis for copyright protection.
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Does copyright protect architecture?
Yes. Architectural works became subject to copyright protection
on December 1, 1990. The copyright law defines "architectural
work" as "the design of a building embodied in any
tangible medium of expression, including a building, architectural
plans, or drawings." Copyright protection extends to
any architectural work created on or after December 1, 1990,
and any architectural work that on December 1, 1990, was unconstructed
and embodied in unpublished plans or drawings. Architectural
works embodied in buildings constructed prior to December
1, 1990, are not eligible for copyright protection.
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Can a minor claim copyright?
Minors may claim copyright, and the Copyright Office does
issue registrations to minors, but state laws may regulate
the business dealings involving copyrights owned by minors.
For information on relevant state laws, ask a lawyer.
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Can I copyright a name, title, slogan
or logo?
No. Copyright does not protect names, titles, slogans, or
short phrases. In some cases, these things may be protected
as trademarks. Contact the U.S. Patent & Trademark Office
at (800) 786-9199 for further information. However, copyright
protection may be available for logo artwork that contains
sufficient authorship. In some circumstances, an artistic
logo may also be protected as a trademark.
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Somebody infringed my copyright.
What can I do?
A party may seek to protect his or her copyrights against
unauthorized use by filing a civil lawsuit in Federal district
court. If you believe that your copyright has been infringed,
consult an attorney. In cases of willful infringement for
profit, the U.S. Attorney may initiate a criminal investigation.
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