Copyright law

The Campus Guide to Copyright Compliance

Copyright protection exists from the moment a work is created in a fixed, tangible form of expression. The copyright immediately becomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. In the case of works made for hire, the employer—not the writer—is considered the author. 

The First Sale DoctrineThe physical ownership of an item such as a book, painting, manuscript or CD is not the same as owning the copyright to the work embodied in that item.

Under the First Sale Doctrine (Section 109 of the Copyright Act), ownership of a physical copy of a copyright-protected work permits lending, reselling, disposing, etc., of the item. However, it does not permit reproducing the material, publicly displaying or performing it, or engaging in any of the acts reserved for the copyright holder. Why? Because the transfer of the physical copy does not transfer the copyright holder's rights to the work. Even including an attribution on a copied work (for example, putting the author's name on it) does not eliminate the need to obtain the copyright holder's consent. To use copyrighted materials lawfully, you must secure permission from the applicable copyright holders or a copyright licensing agent.

Duration of CopyrightThe term of copyright protection depends upon the date of creation. A work created on or after January 1, 1978, is ordinarily protected by copyright from the moment of its creation until 70 years after the author's death.