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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 a short video from the Copyright Clearance Center 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  • Unpublished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

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