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:
Under the copyright act, section 102, the following is protected:
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:
Helpful article and printable quick guide on copyright information for educators.
Information on requesting permissions to use copyrighted material including a request template.
The TEACH Act outlines exceptions for the performance and display of materials in educational settings.
Cornell University Law School notes on section 108, which outlines exceptions for the use of copyrighted works by libraries and archives.
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: