Copyright issues can be complex. If in doubt, it is best to consult with the Scholarly Communications Office by emailing or making an appointment.

U.S. copyright law is meant to promote progress by securing time-limited exclusive rights for creators (Article 1, Section 8, Clause 8, U.S. Constitution). In the U.S., copyright is automatic for original content that is in fixed forms. This means that if you write a book, write a play, compose music, create pantomime or choreography, create pictures, graphics, or sculptures, create a film or audio-visual product, create sound recordings, or design architecture, these works are copyrighted and you are not required to register your copyright with the U.S. Copyright Office. You can, of course, register a work with the Copyright Office. Having a copyright confers the following exclusive rights to the copyright holder to:

• Reproduce
• Create derivative works
• Distribute copies or transfer ownership
• Perform and/or to display the work publicly

Copyright law does, however, place limitations on these rights, with the most common being Fair Use and Reproduction by Libraries and Archives. Copyright balances creator rights against the rights of the public to access, use, and build upon works so progress is made.

Some things cannot be copyrighted. For example, facts cannot be copyrighted. Works like basic mathematics, alphabets, and recipes cannot be copyrighted. Additionally, ideas cannot be copyrighted. Copyright protects the expression of ideas, but not ideas themselves. Ideas, procedures, methods, processes, and systems also cannot be copyrighted, although some may be eligible for patents.

Working with Copyright

Working within the parameters of copyright law requires using judgment and knowledge of the basic rules and types of permissions and licenses available. The first step in reusing any copyrighted material is to determine if it is copyrighted, and then to walk through the series of questions below to determine if you can use it. Whether an item is copyrighted may not be obvious and may take some research to verify. Understanding what is automatically copyrighted can provide a starting point. Works that are registered with the U.S. government may be found here. Many works that are registered are often more visible or high profile.

Text alternative summary of Copyright and Fair Use (Provided for users with screen readers):

Permissions and Licenses

Once you think work may be copyrighted, the next question to ask is whether you can get a license (permission) and what the requirements for the license are, or whether you can use an exemption (fair use).

Some copyrighted material is licensed by an entity for use by a particular population (e.g., Emory University purchases licenses for certain material to be used by faculty, learners, and staff), or a license may accompany works and have license information available with the work. Other works may offer to license for a price, like on a photo website.

Many more materials these days have Creative Commons licenses, chosen by the author or creator because they allow more options for use than copyrighted material. Creative Commons licenses have four elements: attribution, derivative works, share alike, and non-commercial (plus public domain) that create six licenses. Best practices for Creative Commons licenses are described here. The Creative Commons site has descriptions of each available license and provides information on how to attribute or cite a work with a Creative Commons license.

Text alternative summary of the Creative Commons Licenses (Provided for users with screen readers):

Public Domain Dedication (CC0) 

• This is considered a dedication to the public domain, and thus the creator(s) associated with this item have waived all their rights to the work worldwide under copyright law.
• Symbol: Zero with a strike-through in a circle

Attribution (BY)

• Others can copy, distribute, display, perform, and remix the work if they credit/cite the creator/author.
• Symbol: Person icon in circle

Derivative Works (ND)

• Others can only copy, distribute, display, or perform verbatim copies of the work. 
  (No modification allowed.)
• Symbol: Equal symbol in a circle

Share Alike (SA)

• Others can distribute the work only under a license identical to the one attached to the original work.
• Symbol: Reverse circular arrow inside circle

Non-Commercial (NC)

• Others can copy, distribute, display, perform, or remix the work, but only for non-commercial purposes.
• Symbol: Dollar symbol with a strike-through in a circle

Images of Licenses from most open to least open:

• CC Zero: Zero with strike-through
• CC BY: Person icon in circle
• CC BY SA: Person icon in circle + Reverse circular arrow inside circle
• CC BY NC: Person icon in circle + Dollar symbol with a strike-through in circle
• CC BY ND: Person icon in circle + Equal symbol in a circle
• CC BY NC SA: Person icon in circle + Dollar symbol with a strike-through in circle + Reverse circular arrow inside circle
• CC BY NC ND: Person icon in circle + Dollar symbol with a strike-through in circle + Equal symbol in a circle
   

The Public Domain 

Works that are not copyrighted fall under the public domain and do not require the use of attribution, citations, or permission to use, and they can be modified by the user. These works include titles, names, short phrases, slogans, facts, news, work without originality, and "useful" works. Most work created by U.S. federal employees is in the public domain.

Public domain also covers works with copyrights that have expired and works where the creator failed to comply with any legal formalities required at the time of creation or after, allowing the work to enter the public domain. Works eligible for copyright protection are vested at the time of creation but there is a limit to the length of time they are protected. More detailed information about the public domain can be found here. Understanding what falls under the public domain and what does not requires research and can be complicated. Review the informational chart through the link provided above.

Fair Use 

There are situations in which you can use a copyrighted work without seeking permission from the copyright holder. In deciding whether the use of a work is fair use, the factors to consider are:

• The purpose and character of the use
• The nature of the work used
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole
• The effect on the potential market or value of the work

Deciding if something is exempt from copyright laws is not always a distinct, bright line and involves judgment. There are a number of questions to ask when deciding whether to use a work. Make sure to consult with someone with more expertise when necessary and document decisions.

Text alternative summary of Fair Use guidelines (Provided for users with screen readers):

Fair Use: Questions to Ask

Use the Work

Criteria: Purpose and character of use

• Educational use?
• Transformative use?
• Non-commercial use?

Criteria: Nature of the Work

• Factual information?

Criteria: Amount of Work Used

• 10% or less of a work used?
• Portion not central to the work?

Criteria: Effect on the market and value of work

• Out of print work?
• One time use of work?
• Limited copies of work made?
• Little effect on works income?

Reconsider Use of Work

Criteria: Purpose and character of use

• For-profit use?
• Original work use only?
• Commercial use?

Criteria: Nature of the Work

• Creative work?

Criteria: Amount of Work Used

• Most or all of the work used?
• Core portion of the work used?

Criteria: Effect on the market and value of work

• Actively in print and available?
• Long term use of work?
• Many copies of work needed?
• Income from a work affected?
   

Important note: If you’re interested in posting content (journal articles, book chapters, multimedia, etc.) for which you do not own the copyright to your Canvas course sites, please work through the Course Reserves system. Library staff will assist you with permissions, fair use, public domain, and other issues. It is a university requirement that copyrighted content for course reserves be managed through the Course Reserves system. You and your students can access reserves content from within your Canvas course under Library Course Reserves. Contact the Reserves staff by sending an e-mail to reserves@emory.edu. For more information on the use of copyrighted material, please see the Emory Libraries copyright policies.

Emory University’s Scholarly Communications Office has a suite of webpages on copyright and several more pages on using copyrighted works.