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• https://fairuse.stanford.edu/overview/introduction/getting-permission/
FAQs
What is COPYRIGHT?
Copyright 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 or presented. See
Copyright Basics section of “What Works Are Protected.”
• Copyright in General: https://www.copyright.gov/help/faq/faq-general.html
• What Does Copyright Protect?: https://www.copyright.gov/help/faq/faq-protect.html
• US Copyright Office: http://lcweb.loc.gov/copyright/
• Copyright lengths in foreign countries:
https://en.wikipedia.org/wiki/List_of_countries%27_copyright_lengths
Is this in the PUBLIC DOMAIN?
To determine whether a work is in the public domain and available for use without the author’s permission,
you first have to find out when it was published. Then apply the following rules to see if the copyright has
expired: (Note that this section applies only to works published in the USA)
• All works published in the United States in or before 1926 are in the public domain.
• Works published after 1926 but before 1978 are protected for 95 years from the date of publication.
• For works created or published after 1978, the copyright lasts for the life of the author plus 70 years.
However, if the work is a work for hire (that is, the work is done in the course of employment or has
been specifically commissioned) or is published anonymously or under a pseudonym, the copyright
lasts between 95 and 120 years, depending on the date the work is published.
• Lastly, if the work was published between 1927 and 1963, you must check with the U.S. Copyright
Office to see whether the copyright was properly renewed. If the author failed to renew the copyright,
the work has fallen into the public domain and you may use it.
(See https://www.copyright.gov/circs/circ22.pdf for info on investigating copyright status)
What constitutes FAIR USE?
Copyright law does not specify exactly how to apply fair use, and that gives the fair use doctrine a
flexibility that works to the advantage of users. Rather than following a specific formula, lawyers and
judges decide whether an unlicensed use of copyrighted material is fair according to a “rule of reason.”
To determine whether your use of material qualifies as fair use, start with these questions:
o
Nature:
The creative, unpublished, commercial, nonprofit, etc. “nature” of the material you want to
use impacts whether a court might consider reprinting it as fair use. Creative works (fiction, poetry,
lyrics, art works, etc.) are more protected and less likely to qualify for fair use. Materials from a
commercially produced works are also more protected because of potential Competitive Market Effect
(see below). The nature of your reuse is also a factor. This is why epigraphs (which are decorative in
nature) almost never qualify as fair use.
o
Proportion
: How significant a portion of the original work are you using? Quoting 100 words from
a 1,000-word article is less acceptable than quoting 100 words from a 50,000-word book.
o
Purpose
: Does your use of the work have the same purpose as the original creation or is your use
transformative in nature? (e.g., the reproduction of a shampoo ad in a textbook on advertising has
the purpose of critiquing ad design. The ad is illustrative of the book’s argument and furthers its
educational goal. It is not decorative or promotional in its reproduction. Thus, it is likely to be
considered fair use.)