Research Guides

Understanding Copyright


Fair Use Guidelines

The Fair Use provision, established in the Copyright Act of 1976, is designed to allow the limited use of copyrighted works for the purpose of criticism, comment, teaching, scholarship and research. It allows limited reproduction of copyrighted works for educational and research purposes without prior authorization of the copyright holder and without paying royalty fees.

Section 107 of the United States Copyright Act lists four factors used to determine when content usage may be considered “fair use.” For a finding of fair use, all four factors do not need to be affirmative, and no single factor trumps the other factors.

1. The purpose and character of the use, including whether the copied material will be for nonprofit, educational, or commercial use. Also considered here is the tranformative nature of the use.  For example, was the material used in a way significantly different than was originally intended (e.g. criticism or instruction), or was something created that was significantly different than the original material.

2. The nature of the copyrighted work, with special consideration given to the distinction between a factual work and a creative work. For example, photocopies made of a newspaper or news magazine column are more likely to be considered fair use than copies made of a musical score or a short story.

3. The amount, substantiality, or portion used in relation to the copyrighted work as a whole. This factor requires consideration of:

  • the proportion of the larger work that is copied and used
  • the significance of the copied portion

4. The effect of the use on the potential market of the copyrighted work. If the reproduction of a copyrighted work reduces the potential market and sales and therefore the potential profits of the copyright owner, then use is unlikely to be found a fair use. For example, a teacher who photocopies a workbook page or a textbook chapter is depriving the copyright owner of profits more directly than if copying one page from the daily paper. This factor has recently held more weight in determining fair use.

What can be copyrighted?

(1) literary works

(2) musical works, including any accompanying words

(3) dramatic works, including any accompanying music

(4) pantomimes and choreographic works

(5) pictorial, graphic, and sculptural works

(6) motion pictures and other audiovisual works

(7) sound recordings

(8) architectural works

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Please note that if a specific concern or question is not addressed in this guide, that does not alleviate you of the responsibility to comply with the U.S. Copyright Law.

Additional Resources

Guide to Public Domain & Copyright

Public domain refers to the realm of works that are no longer subject to Copyright Laws based on their date of publication or those works for which copyright was never claimed. Works which have entered into the public domain may be used freely by anyone for any purpose, without obtaining permission or remitting royalty fees.

The duration of copyright has been amended several times since its inception. Currently, the term of copyright is life of the author plus 70 years. The term of copyright for works created by corporate entities or anonymous and pseudonymous works is 95 years from the date of first publication or 120 years from the date of creation, whichever comes first.

The table below illustrates the timeline for works to enter into the public domain. For a more detailed chart please see Cornell's Public Domain information.

Works Registered or First Published in the U.S.
Date of Publication Conditions Copyright Term
Before 1927 None None. In the public domain due to copyright expiration
1927 through 1977 Published without a copyright notice None. In the public domain due to failure to comply with required formalities
1978 to 1 March 1989 Published without notice, and without subsequent registration within 5 years None. In the public domain due to failure to comply with required formalities
1978 to 1 March 1989 Published without notice, but with subsequent registration within 5 years 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
1927 through 1963 Published with notice but copyright was not renewed None. In the public domain due to copyright expiration
1927 through 1963 Published with notice and the copyright was renewed 95 years after publication date
1964 through 1977 Published with notice 95 years after publication date
1978 to 1 March 1989 Created after 1977 and published with notice 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
1978 to 1 March 1989 Created before 1978 and first published with notice in the specified period The greater of the term specified in the previous entry or 31 December 2047
From 1 March 1989 through 2002 Created after 1977 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
From 1 March 1989 through 2002 Created before 1978 and first published in this period The greater of the term specified in the previous entry or 31 December 2047
After 2002 None 70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
Anytime Works prepared by an officer or employee of the United States Government as part of that person's official duties. None. In the public domain in the United States, unless the employee was a civilian member of the faculty of one of 15 service academies and the work in question is a literary work intended for scholarly publication.  (17 U.S.C. § 105)

 

Never Published, Never Registered Works
Type of Work Copyright Term In the public domain in the U.S. as of 1 January 2022
Unpublished works Life of the author + 70 years Works from authors who died before 1952
Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship) 120 years from date of creation Works created before 1902
Unpublished works when the death date of the author is not known 120 years from date of creation Works created before 1902


Tables from Peter B. Hirtle (2022). Copyright at Cornell Libraries: Copyright Term and the Public Domain [web page]. https://guides.library.cornell.edu/copyright/publicdomain, last accessed 2022-04-07. Tables © Peter B Hirtle and used under the terms of the Creative Commons Attribution 4.0 License. The material in the tables is educational and is not intended as legal advice.

Guide to Privacy and Publicity Rights

Privacy and publicity rights are separate bodies of law from copyright. Where copyright protects the copyright owner’s property rights in a work, privacy and publicity rights protect the interests of the subject of a work (such as the person who is depicted in a photograph). Issues of privacy and publicity may arise when a researcher contemplates the use of letters, diary entries, photographs or content in visual, audio, and print formats often found in library collections.

Privacy and publicity rights are governed by state laws and vary state-by-state.

  • Many states have privacy and/or publicity laws, while others do not recognize such rights.
  • Some states address comparable rights under other state laws or common law legal theories such as misappropriation and false representation. What may be permitted in one state may not be permitted in another.
  • Note also that related causes of action may be pursued under the federal Lanham Act, 15 U.S.C. § 1125 (a), for example, for unauthorized uses of a person’s identity in order to create a false endorsement.
  • Keep in mind that while ‘fair use’ is a defense to copyright infringement, it is not a defense to claims of violation of privacy or publicity rights.

While an individual’s right to privacy generally ends when the individual dies, publicity rights associated with the commercial value connected with an individual’s name, image or voice may continue. Many estates or representatives of famous authors, musicians, actors, photographers, politicians, sports figures, celebrities, and other public figures continue to control and license the uses of those figures’ names, likenesses, signature or other aspects of one’s persona that may have commercial value.

Under the First Amendment of the US Constitution which protects freedom of speech, the use of a work to comment on a matter of public interest is less likely to trigger liability than use in advertising or for other commercial purposes. Yet risk may still exist if the person depicted is held up to ridicule or presented in a libelous manner.

Patrons desiring to use materials must make their own decision as to privacy or publicity rights that may be implicated by the nature of the materials and the proposed use. Keep in mind that such clearances are separate from any necessary copyright clearances.

 
Copyright and Interlibrary Loan

A complete bibliographic citation for articles from journals and excerpts from books is needed for Interlibrary Loan staff to request copyright permission from publishers. The Libraries will seek copyright permission for articles and book chapters obtained via Interlibrary Loan. You will be notified if permission is denied and the interlibrary loan request cancelled.

The Copyright Law of the United States (Title 17, United States Code) govern the making of photocopies or other reproductions of copyrighted materials. Libraries and archives are authorized to furnish a photocopy or other reproduction of materials under certain conditions specified in the law. To abide by Copyright Law, only 50 pages or 10% of a work, whichever is less, can be copied and obtained via Interlibrary Loan.

The Library reserves the right to decline requests based on the interpretation of the Copyright Law.

Helpful Links
U.S. Copyright Office: www.copyright.gov
 
Know Your Copy Rights: www.knowyourcopyrights.org
 
 
Digital Millennium Copyright Act: www.copyright.gov/legislation/dmca.pdf
 
 
Copyright Clearance Center: www.copyright.com

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