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DigitalCommons@Fairfield

Copyright

Copyright Basics

Copyright Basics

U.S. Copyright Statutes: The United States copyright statutes may be found in its entirety here.

Information specific to Fair Use may be found here.


Watch this short video to learn the basics about copyright:

Copyright Quick Guide

When Works Pass Into Public Domain:

[1]

Date of Work:


Protected:


Term:

Created 1/1/1978 or after

When work is fixed in tangible medium of expression


Life +70 years (or, if work is of corporate authorship, the shorter of 95 years from publication, or 120 years from creation)


Published before 1923

In public domain

None

Published from 1923-1963

When published with notice


28 years+ could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain.

Published from 1964-1977

When published with notice


28 years for first term; now automatic extension of 67 years for second term

Created before 1/1/1978 but not published


1/1/1978, the effective date of the 1976 Act, which eliminated common law copyright

Life +70 years or 12/31/2002, whichever is greater

Created before 1/1/1978 but published between then and 12/31/2002


1/1/1978, the effective date of the 1976 Act, which eliminated common law copyright

Life +70 years or 12/31/2047, whichever is greater

 

Determining Fair Use:


Reuse of Material:


Likely Available for Fair Use:


Likely Not Available for Fair
Use:


Purpose

  • Non-profit use
  • Create new work
  • Commercial use
  • No new works


Nature

  • Reference, nonfiction
  • Published
  • Fiction, Art
  • Unpublished


Amount

  • Small Portion (relational to the whole)
  • Complete Work
  • Heart of Work


Market

  • Doesn’t hurt market or original
  • Hurts market or potential market