Below are some common questions asked about copyright.
What is copyright?
What is fair use?
How do we get a copyright?
Who needs to know about copyright?
What are the consequencing of violating copyright?
What is UVU's policy on copyright?
Where can I go to find out more about copyright?
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One of the more important limitations of copyright law for educators is the doctrine of “fair use” (title 17, U. S. Code). Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. This section also sets out four factors to be considered in determining whether or not a particular use is fair:
1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
For more detailed information on “fair use” see http://www.copyright.gov/fls/fl102.pdf
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work. The safest course is always to get permission from the copyright owner before using copyrighted material. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation.
Copyright exists from the moment your work is created. In general, you do not need to register your copyright; however, you might find registering helpful for the following reasons:
The United States has copyright relations with most countries throughout the world.
However, the United States does not have these relationships with every country. For
a listing of countries and the nature of their copyright relations with the United
States, see Circular 38a, International Copyright Relations of the United States.
A copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of the party and distinguishing them from those of others.
Everyone needs to know about copyright! Copyright affects students, faculty and staff
at UVU. It’s important to understand that copyright doesn’t just protect the work
of professional writers, artists, filmmakers etc. But it also protects the papers
and work by students, faculty and staff.
Copyright is to protect, not to annoy or bully. It serves as a protection so the creator of the original work is properly paid and/or recognized for their work. All produced work has a copyright and when it is duplicated, displayed, performed or used there is a chance you might be violating the copyright. The safest course of action is get permission. There are exceptions to this rule please see “Fair Use ”.
All original work is protected by copyright from its inception. Any original podcasts, class papers, media items, etc. created are considered protected by copyright. There are more formal steps that can be followed in establishing copyright, but in the United States, works published and unpublished are protected by copyright.