Frequently Asked Questions about Copyright
What is copyright?
The exclusive right of a creator to reproduce and market their intellectual property (creative works) to the public for limited times (usually for 70 years after creator’s death). Under U.S. law this includes derivative works, distribution, display, performance, and digital transmission. If a person other than the copyright holder uses one of these rights before the limited time is up, could be legally guilty of copyright infringement. Foreign publications are given the same protection through international intellectual property agreements.
Materials that are no longer or never was protected by copyright. Anyone may exercise the rights of a copyright holder with these materials. See our web resources section for assistance in determining whether or not materials are in the public domain. Just because something is out of print does not mean it is in the public domain. Also, works in the public domain can be republished, and the new version will then be protected by copyright.
Fair use is an exception written into the copyright law to allow for users to exercise some of the copyright holders rights, such as making a copy, without permission under certain conditions, including educational purposes. Four factors are weighed to determine if a use is “fair” including the purpose of the use, the nature of the work, the amount of the work used, and the potential market effect for the copyright holder. Determining Fair Use is often ambiguous, so you may want to consult someone with some knowledge of copyright to assist you with the process. The library will complete this process for materials submitted for course reserves.
It all depends. Each item used must be evaluated for Fair Use, though if the product is a course requirement and the final product is not made publicly accessible – e.g. though the web – then the use is generally considered fair.
Yes, individuals may make copies of copyrighted works or compilations for their own personal use – as when you tape a tv show for later viewing. However, if you share those copies either physically or digitally – even with just a small number of people like a study group – you could be held liable for copyright infringement.
Under copyright law, infringement can result in financial penalties with the court having discretion to allow the recovery of full costs plus attorneys fees, which could be substantial. Criminal and civil charges may apply.
Not necessarily, as not all copyrighted works have a notice of copyright. If the copyright holder cannot be determined, you may want to think twice about using the resource.
Both concepts refer to the use of another person’s creative expression, or intellectual property. Plagiarism refers to passing another’s material in any amount off as ones own, intentionally or accidentally, and there are no time limitations. Copyright, however, is protection given to creators to control their own intellectual property for a limited time. Another difference is that is is possible to plagiarize ideas, which copyright does not protect.
No, copyright is still an issue if the material is used in a way that is infringing.
The author is not necessarily the copyright holder, as often publishers require authors to release copyright upon submission. In these cases, the publisher is the copyright holder.
Fair Use makes this activity generally allowable, as long as the recordings are not made available for purchase and distribution is limited to involved parties, such as student participants or their parents. However, if the performance rights were purchased under a licensing agreement, recordings may be prevented under the terms of the contract. Contract law always trumps copyright law.
This is creating a derivative work, which would be a copyright infringement. If enough of the image were changed so that is had no resemblance to the original, the use might qualify as fair.
As an author, you hold copyright in your work from the moment your original expression is fixed in tangible form. “Copyright” refers to a bundle of copyrights, which are separate and distinct. You can retain, transfer, or license any one of these rights, or all of them.
For anything to be published, copyrights must be exercised, either by the copyright holder or by a licensee. As a bundle of rights, the “sticks” in the bundle can be transferred or licensed, exclusively, or non-exclusively, to one or more parties. Ideally, publishing should seek a balance between what rights are fairly transferred or licensed to the publisher, and what rights are fairly retained by the author.
Most publishers use one of two legal mechanisms for transferring copyright for, or otherwise licensing, your work for publication. Policies vary significantly by publisher, and rights typically are licensed back to the author according to the article version.
Publishers are most likely to allow you to self-archive and distribute a pre-print. However, because this version does not include revisions made as the result of any editorial or peer-review process, this version is least desirable for sharing. Publishers may also allow you to self-archive and distribute a post-print. Because the content of the post-print is largely the same as the published version of your work, you are strongly encouraged to archive a post-print if permitted. Publishers are least likely to allow you to self-archive and distribute the published version of your work. However, you may be able to archive the published version of your work, and then distribute it after a specified embargo period.
The first step to protecting your copyright is to review copyright policies as part of vetting potential publishers or publications for your work. You are strongly encouraged to consult with the library if you have some concerns about self-archiving and copyright. During the vetting process, consider the following steps:
Below is a select list of online resources related to the topic of copyright. Please contact the Reference Desk at 910.521.6656 or ref.desk@uncp.edu for assistance in locating additional resources.
The United States Copyright Office's Web Site
Digital Collections Copyright Statement
Copyright for the images in this collection is held by UNC Pembroke. The images are available for use in research, teaching, and private study, provided that proper citation is used (i.e., Mary Livermore Library, University Archives/Special Collections, University of North Carolina at Pembroke, Pembroke, NC). Any commercial use of the materials, without the written permission of UNC Pembroke, is strictly prohibited.
Conditions Governing Use
Researchers may request photographic or digital reproductions of some items in Special Collections and University Archives.
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