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Copyright  

A guide to copyright law as it relates to academic research, teaching, and publication.
Last Updated: Nov 21, 2014 URL: http://guides.nyu.edu/copyright Print Guide RSS UpdatesEmail Alerts

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Questions?

If you don't find the answers you're looking for here, we are always available at fairuse@nyu.edu, or by appointment at your convenience.

Please get in touch to arrange for a presentation for your department, class, or program on any copyright issues that affect you. 

About

The Library Copyright Office supports NYU's research, teaching, and service mission by providing guidance for faculty, students, and staff on how copyright relates to the creation, use, and sharing of knowledge.

April Hathcock, Scholarly Communications Librarian, april.hathcock@nyu.edu

 

 

Disclaimer

The information presented here is intended for informational purposes and should not be construed as legal advice. If you have specific legal questions pertaining to NYU, please contact the Office of General Counsel.

 

Who owns the copyright to a work?

In most cases, the author or creator of the work is the copyright holder unless they have transferred the rights to someon else through a written agreement, such as a publishing agreement.

If the work is created as part of a person's employment, it may be a "work for hire," meaning that the employer is the copyright holder. In the university setting, faculty writings and other "traditional works of scholarship," such as syllabi and lecture materials are typically not considered to be works for hire.

If two or more people together create a work, they are joint holders of the copyright. Joint owners each have an equal right to exercise and enforce the copyright.

 

Introduction

copyright symbol

Welcome! This guide provides information and resources on copyright law and how it relates to academic activities such as research, teaching, and publication.

Below is a basic introduction to U.S. copyright law -- what it protects, how long it lasts, the rights it grants to authors, and its exceptions and limitations.

Other parts of this guide provide further information on:

  • understanding and applying Fair Use
  • determining when you need permission to use copyrighted works and how to get it
  • managing your own copyrights and understanding your rights as an author

NYU Faculty, Administrators and Students should first consult the university's Educational and Research Uses of Copyrighted Materials Policy Statement

For better or worse, copyright law affects numerous aspects of academic life -- if you don't find the answers you need here, please contact us!

 

What is copyright?

Copyright is a form of legal protection that provides authors of original creative works with limited control over the reproduction and distribution of their work. It gives copyright holders a set of exclusive rights to

  • reproduce the work, in whole or in part,
  • distribute copies of the work,
  • publicly perform the work,
  • publicly display the work, and
  • prepare derivative works based on the original, such as translations or adaptations.

These rights are subject to exceptions and limitations, such as "fair use," which allow limited uses of works without the permission of the copyright holder.

 

What does copyright protect?

Copyright protects "original works of authorship." To be protected by copyright, a work must be original and recorded. It cannot be copied or expressed without being recorded.

Types of works protected by copyright include:

  • literary works
  • musical works
  • dramatic works
  • choreographic works
  • pictorial, graphic, and sculptural works
  • sound recordings
  • architectural works

What is not protected by copyright?

  • facts or ideas
  • titles, names, short phrases, or slogans
  • procedures, methods, systems or processes
  • works of the United States government
  • works that have passed into the public domain
 

How do works get copyrighted?

Under U.S. law, works are protected by copyright automatically at the time of their creation. You are not required to put a copyright notice on the work (e.g. (c) 2010 New York University), to register the work with the U.S. Copyright Office, or to publish the work.

Although providing a copyright notice is not legally required, it can be a good idea to include one anyway if you are making your work publicly available. A copyright notice should provide a way for people who want to use your work to contact you, such as: "(c) 2010 [name]. For permissions and questions contact [address/email]."

 

How can I tell if a work is still under copyright?

Depending upon when a work was created, it is subject to different requirements regarding copyright notice and registration, as well as different copyright terms. 

For example, before 1978 U.S. law required that works be published with a notice of copyright to receive protection. Failure to comply with this requirement would result in the work being in the public domain.

Copyright Term and the Public Domain, a guide to copyright duration created by Peter Hirtle at Cornell University, is a comprehensive and useful resource for researching a work's copyright status.

As a general rule, works registered or published in the U.S. before 1923 are in the public domain.

Scholarly Communications Librarian

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April Hathcock
Contact Info
(212) 992-6258
fairuse@nyu.edu
Send Email
 

Additional Resources

Copyright Basics - U.S. Copyright Office

Reproduction of Copyrighted Works by Educators and Librarians - U.S. Copyright Office

Copyright for Educators and Librarians - MOOC offered by copyright specialists at Duke, Emory, and the University of North Carolina-Chapel Hill

Copyright Term and the Public Domain - Cornell University

Public Domain Handbook - University of California at Berkeley Law School

 

How long does copyright last?

Under current U.S. law, copyright lasts until 70 years after the death of the author. For works made for hire, the copyright term is either 95 years from the date of publication, or 120 years from the date of creation, whichever is shorter.

After the copyright term expires, works pass into the public domain, meaning that anyone is free to reproduce, distribute, or otherwise re-use the work.

 

A Note on Public Domain

Works that are in the public domain in the U.S. are not protected by copyright because

  1. The author dedicated them to public use;
  2. The copyright term has expired without renewal;
  3. The work is of a type that does not qualify for copyright protection.

You can use any U.S. work in the public domain in any way that you want, as much as you want. They belong to the public. Keep in mind, however, that the requirements for public domain vary by country.

There are several great resources for finding and accessing materials in the public domain:

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