Image credit: Copyright machine by Dr. Mo.
Available at: https://www.deviantart.com/doctormo/art/Copyright-Machine-139430827
Copyright is both complex and confusing. Many people have questions about what can be used--as well as when and where and how to use--without violating copyright. Others have questions about their copyrights as an author or creator. And still, others need information on how and when to seek permission to use copyrighted material. This guide helps you answer those questions and more.
In this guide, you will find information on
Use the navigation tabs on the left to find more information for your copyright question or need. You will find helpful tools and guides listed under Resources for many of the sections
If you don't find what you are looking for, please contact lib-copyright@nmsu.edu Expect a response within 24 hours, Monday - Friday.
Disclaimer: This guide is designed as a basic informational resource for the NMSU community. It is not a substitute for legal advice. Instead, it provides a framework for understanding and working with legal issues, including lawfully using and sharing copyrighted works, as well as protecting one's creative works.
In the United States, copyright is a federal law (US Code Title 17) that provides protection to creative and intellectual works as well as public access to those works. In fact, copyright is a component of the United States Constitution. Located in the section discussing the roles and powers of Congress, Article I Section 8 states that
"[t]he Congress shall have the power...to promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
Note that the promotion of the progress of science and useful arts (i.e., the public having access and ability to use copyrighted material owned by authors and inventors) takes precedence over the ownership of the work. In other words, the U.S. Constitution puts more importance on the public's access to and use of creative works than on ownership of those works.
Copyright holders, typically authors or creators, have certain exclusive rights to their works. These exclusive rights mean that other people cannot copy or distribute their works unless the copyright holder grants permission. There are several exceptions to these rights and these are covered in this guide under fair use, classroom use, and library use.
U.S. Copyright law protects an original work that is in a fixed, tangible medium. A fixed, tangible medium can be anything that is written down, recorded, or published.
All of these examples are copyrighted:
1. In the public domain or
2. Are NOT fixed in a tangible medium
For example:
For more information on the public domain, click here.
These rights are inseparable. In other words, a copyright owner cannot pick and choose the rights they wish to keep and those they don't. If copyright owners wish to share their work in different ways, they can apply a Creative Commons license to their work. See the Creative Commons Licenses tab for more information on sharing copyrighted works.
Resources
A thorough chart listing copyright term by material type, date of publication, and country of origin. Developed by Peter Hirtle at the Cornell University Library
Digital Copyright Slider
This fun, interactive tool helps determine what is protected by copyright and what is the public domain. Developed by Michael Brewer at the American Library Association Office of Information Technology Policy.
The Copyright Genie
Here's another fun and useful tool to help decide if a resource is covered by copyright. It helps to make a complex and often sleep-inducing topic fun and engaging. Note: You may get a "not a safe site" warning but this is because the site's security certificate has expired. The site is ok to use.
Copyright Essentials © 2019 by Susan E. Beck is licensed under CC BY-NC-SA 4.0 Feel free to use this guide under the licensed terms of use.