Copyright for Faculty

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. 

Copyright protection exists from the moment a work is fixed in a tangible form of expression (This could include a DVD, CD, even a napkin with writing on it).  It is the right granted by law to an author or creator to control the use of the work created. This allows the owner of the copyrighted material to:

•  Make copies (A copy is the reproduction of an original work, here are some examples of what would be considered a "copy":  download, PDF email attachment, photocopy or scan, etc.)
•  Distribute copies (including using the internet)
•  Prepare derivatives based on the original work (like a sequel or spin-off)
•  Perform the work publicly
•  Display the work publicly

Under the copyright act, section 102, the following is protected:

• Literature
• Music and lyrics
• Drama
• Pantomime and dance
• Pictures, graphics, sculpture
• Films
• Sound recordings
• Architecture
• Software

Works are protected for the life of the author plus 70 years per the 1998 Copyright Term Extension Act which applied to works created from 1978 onwards.  The protected status of works published before 1978 and after 1923 varies in accordance with how they were published, registered, and renewed.   Due to the 1998 Copyright Term Extension Act, materials published, registered, and renewed in the U.S. between 1923 and 1978 stopped falling into the public domain for twenty years, which meant that only material published before 1923 were reliably in the public domain.  In January 2019, items published in 1923 in the U.S. will have their copyright expire. 

Copyright law and duration varies per country.  However, several countries have worked together to create international agreements that align policies across borders.  Foreign works are, for the most part, protected for the same term as works published within the user's country for all signatories of the Berne and TRIPS agreements.  The U.S. is both an adopter of the Berne convention and a party of the TRIPS agreement.

The United States has had several copyright codes in its history, so depending on when a work was created, it may or may not be protected by copyright. Check out the American Library Association's Digital Copyright Slider to see if what you want to use is in the public domain or covered by copyright.

There are several ways you can use copyrighted works:

• You can link to the material.  Linking to an image or public website is not copying.  While you should still cite and give attribution to the owner of the website, it is not usually required to request permission to link to a publicly available website.
• You can request permissions from the copyright owner.
• You can use the work in accordance with an existing license.  For instance:  1.) The library negotiates licenses to online content that allow for classroom and reserves use.  2.)The work may be issued under a creative commons license where the creator has clearly established what others can do with his work.
• Your use may fall under exceptions and limitations of copyright law, like fair use, section 108 for libraries, or the T.E.A.C.H. Act

• Educator's Guide to Creativity & Copyright

  Helpful article and printable quick guide on copyright information for educators.

• Six Copyright Concepts Your K-12 Students Should Know

• Requesting Permissions

  Information on requesting permissions to use copyrighted material including a request template.

• The T.E.A.C.H. Act

  The TEACH Act outlines exceptions for the performance and display of materials in educational settings.

• Section 108

  Cornell University Law School notes on section 108, which outlines exceptions for the use of copyrighted works by libraries and archives.

• Fair Use

  More information on the four factors of a fair use analysis and the USF Libraries' Fair Use checklist.

The Technology Education and Copyright Harmonization Act is an expansion of U.S. Copyright Law that provides allowances for online/distance education programs. Key points include:

• Allowing reasonable or limited portions of dramatic and audiovisual works to be posted on a web platform for instruction;
• Promoting direct links to electronic resources, videos that include attribution, and streaming media;
• Allowing scenes and/or portions of films to be uploaded for limited amount of time for instructional purposes.

The Original TEACH Act Toolkit