LibGuides: Copyright: Home

Fair Use

Fair use is primarily designed to allow the use of the copyright protected work for commentary, parody, news reporting, research and education.

Section 107 of the United States Copyright Act lists four factors to help judges determine, and therefore to help you predict, when content usage may be considered "fair use."

The University System of Georia provides a checklist to help students, staff and faculty determine whether their usage falls under the "fair use" principle.

What Do the Experts Say?

Columbia University - Copyright Advisory Office
Kenneth Crews joined Columbia University in January 2008 as founding director of the Copyright Advisory Office (CAO). For more than twenty years, Dr. Crews has focused much of his research, policymaking, and teaching on copyright issues. He has published widely on the topic, and he is a frequent speaker at universities and meetings throughout the world. In 2008 he completed a study for the World Intellectual Property Organization (an agency of the United Nations), analyzing copyright statutes applicable to libraries in the laws of more than 150 countries.
Center for Social Media - Fair Use

What is Copyright?

Copyright 101

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. This protection is available to both published and unpublished works.

U.S. Copyright Office
Copyright Basics
Search for Copyright Owner
Code of Best Practices for Academic and Research Libraries
Includes guidelines for librarians, faculty and students
Can I Use It? Checklist for Copyright Clearance

Public Domain

The term "public domain" refers to creative materials that are not protected by intellectual property laws such as copyright, trademark or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.

There are four common ways that works arrive in the public domain:

expiration of copyright: the copyright has expired.
failure to renew copyright: the owner failed to follow copyright renewal rules.
dedication: the owner deliberately places it in the public domain (including U.S. government documents).
no copyright protection available: copyright law does not protect this type of work.

Determining Public Domain Status in the U.S.:

Published in 1922 or before

In the public domain

Published after 1922 through 1963

Initial copyright term of 28 years. If not renewed during the 28th year, the work falls into the public domain.

Published after 1922 but before March 1, 1989

Generally, if a work is published without copyright notice under the authorization of the copyright owner and the law does not provide an exception for the omission, the work is in the public domain.

Source: NOLO Copyright & Fair Use Overview through Stanford University Library