Copyright Basics
Copyright and Exclusive Rights
Copyright is a protection set forth in the United States Constitution and provided by law for original works of authorship fixed in a tangible medium of expression. This protection is known as the Exclusive Rights of the copyright holder. (Exclusive Rights in copyrighted work: USC Title 17 §106)
This protection is available for both published and unpublished works. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to act and to authorize others to act accordingly:
- reproduce the work in copies or phonorecords
- prepare derivative works based upon the work
- distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
- perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works
- display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work
- perform the work publicly (in the case of sound recordings*) by means of a digital audio transmission
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in the Visual Artist Rights Act of 1990 ( U.S.C. Title 17 106(a)). You can find more information at Chapter 1: Subject Matter and Scope of Copyright.
Copyright and Limitations on Exclusive Rights
While the above protections are for the benefit of the copyright holder to encourage the creation of new works, there are limitations to those protections that provide for responsible and vetted uses of copyrighted content. These limitations are also found in the United States law and are known as Fair Use and the Technology, Education, and Copyright Harmonization Act 2002 (TEACH Act.) See those specific sections for more information.
Who is Responsible for Copyright Compliance?
UNG faculty, staff, and students are responsible for navigating the gray areas between the exclusive rights and the vetted limitations to those rights when using copyrighted content.
The University System of Georgia provides the Fair Use Checklist for use in analyzing each proposed use of copyrighted content. The USG checklist states, "Complete and retain a copy of this checklist for each 'fair use' of a copyrighted work in order to establish a 'reasonable and good faith' attempt at applying fair use should any dispute regarding such use arise."
What Does Copyright Protect?
It is important to note that copyright protection does not cover everything. See the chart below for what is and is not covered under the copyright law.
| Protected by Copyright Law | Not Protected by Copyright Law |
|---|---|
|
Original works of authorship, right to make derivative works, such as translations and adaptations |
Public Domain* content, Ideas, facts, systems, data, methods of operation, process, concepts, principles (although it may protect the ways these things are expressed) |
| Literary works, music, and lyrics | Titles, names, short phrases, and slogans: mere listings of ingredients or contents (but some titles and works may be protected under trademark law) |
| Dramatic works and music, pantomimes and choreographic works, sound recordings | Works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down or otherwise recorded |
| Photographs, graphics, paintings and sculptural works, architectural works | Works consisting entirely of information that is commonly available and contains no originality, for example, standard calendars measures and rulers, lists or tables compiled from public documents or other common sources |
| Motion pictures, audiovisual works, video games, and computer software | Works by U.S. Government (Federal) to exclude third party contracted works |
*See Public Domain section to learn how to determine if a work is in the Public Domain.
Contact Information
Terri Bell
Copyright Coordinator and Digital Archivist
706-867-2738
terri.bell@ung.edu
Disclaimer
The information presented here is intended for informational purposes and should not be construed as legal advice. If you have legal questions, please contact the Office of General Counsel.
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