Copyright and Fair Use Laws
Overview
If you create your website in the United States, it is important that you read this section regarding Copyright Laws and Fair Use Laws. If you are creating your website in another country, please be sure to check if there are Copyright Laws and Fair Use Laws in effect, and follow those steps. Although the United States has copyright relations with some countries where they honor each others citizens' copyright, they do not have it with all countries. Be sure to check!
As you create your website, you may be using information that came from other sources. It is important to avoid copyright infringement and understand the laws of fair use that have been created by the U.S. Government. Use this section to learn about the basics of Copyright Laws and Fair Use Laws. To view the complete U.S. Copyright Law as created by the U.S. Government, please visit Copyright Law of the United States.
As you create your website, you may be using information that came from other sources. It is important to avoid copyright infringement and understand the laws of fair use that have been created by the U.S. Government. Use this section to learn about the basics of Copyright Laws and Fair Use Laws. To view the complete U.S. Copyright Law as created by the U.S. Government, please visit Copyright Law of the United States.
Copyright Laws
Copyright Laws can be defined as an exclusive right granted to an originator to print, publish, or film material. This right prevents others from printing, publishing, or filming the originator's work without permission.
Copyright is a form of protection, and covers both published and unpublished works.
Copyright is a form of intellectual property law that protects the fact that someone has created an original piece of work from being copied. Some of these original works include, but are not limited to images, symbols, novels, movies, poetry, songs, and computer software. Copyright, on the other hand, does not protect ideas, facts, systems or methods of operations. It may, however, protect the way the aforementioned information is expressed.
Copyright Laws are in effect on a piece of work the minute it is created in a tangible form. For example, the minute a book is published and printed, it is covered under the Copyright Law. Registering your work for it to be covered under Copyright Laws is completely voluntary. Remember, the minute your work is in a tangible form, it is covered under the U.S. Copyright Law.
There is such a thing called "poor man's copyright," which can be describe as sending your own work to yourself. Again, while registering your work is not mandatory, the "poor man's copyright" is not a substitute for registration, nor is there a provision in the Copyright Law regarding this type of protection.
Please visit the U.S. Government's Copyright Basics for additional information regarding Copyright Laws.
Copyright is a form of intellectual property law that protects the fact that someone has created an original piece of work from being copied. Some of these original works include, but are not limited to images, symbols, novels, movies, poetry, songs, and computer software. Copyright, on the other hand, does not protect ideas, facts, systems or methods of operations. It may, however, protect the way the aforementioned information is expressed.
Copyright Laws are in effect on a piece of work the minute it is created in a tangible form. For example, the minute a book is published and printed, it is covered under the Copyright Law. Registering your work for it to be covered under Copyright Laws is completely voluntary. Remember, the minute your work is in a tangible form, it is covered under the U.S. Copyright Law.
There is such a thing called "poor man's copyright," which can be describe as sending your own work to yourself. Again, while registering your work is not mandatory, the "poor man's copyright" is not a substitute for registration, nor is there a provision in the Copyright Law regarding this type of protection.
Please visit the U.S. Government's Copyright Basics for additional information regarding Copyright Laws.
Fair Use Laws
Fair Use Laws can be defined as a government policy that allows limited use copyrighted information without acquiring permission from the owner. The owner of the copyrighted information has the right to reproduce the work(s) or can grant others the authorization to reproduce copies of the work(s).
Fair Use Laws allow individuals to be able to use different works for a limited number of purposes without needing to obtain permission from the owner of the work. Individuals can use others works for a limited number of reasons including commenting, news reporting, research, and nonprofit education. Using works for these purposes is not considered an infringement of copyright.
When it comes to education, educators can replicate multiple copies of works for classroom use without obtaining permission from the owner. For example, an educator can print a famous speech from Martin Luther King, Jr., and use it in their classroom to teach about Martin Luther King, Jr. without having to obtain permission from its rightful owner.
There are four factors that need to be considered when determining whether or not the particular use for the work is considered fair use. These four factors have been taken directly from the U.S. Copyright Office, and include:
There is a checklist that can be used to help determine whether or not the work would be considered fair use. The Fair Use Checklist is available for your use, and can also be accessed through the American Library Association.
Please visit the U.S. Government Copyright Law, Chapter 1: Sections 107 - 118, for additional information regarding Fair Use Laws.
Fair Use Laws allow individuals to be able to use different works for a limited number of purposes without needing to obtain permission from the owner of the work. Individuals can use others works for a limited number of reasons including commenting, news reporting, research, and nonprofit education. Using works for these purposes is not considered an infringement of copyright.
When it comes to education, educators can replicate multiple copies of works for classroom use without obtaining permission from the owner. For example, an educator can print a famous speech from Martin Luther King, Jr., and use it in their classroom to teach about Martin Luther King, Jr. without having to obtain permission from its rightful owner.
There are four factors that need to be considered when determining whether or not the particular use for the work is considered fair use. These four factors have been taken directly from the U.S. Copyright Office, and include:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
There is a checklist that can be used to help determine whether or not the work would be considered fair use. The Fair Use Checklist is available for your use, and can also be accessed through the American Library Association.
Please visit the U.S. Government Copyright Law, Chapter 1: Sections 107 - 118, for additional information regarding Fair Use Laws.