The information as provided in this section is not intended to serve as legal guidance or advice. Authors are encouraged to consult the Office of the Vice Chancellor and General Counsel (OGC) for advice on specific issues or situations.
Copyright is one of the areas of federal law that most directly affects the educational mission of the university. Faculty and students stand on both sides of the copyright equation. On the one hand, they create copyrighted works, e.g., papers, articles, software, and musical compositions, and they need to manage those rights properly. They need to know how to make those works available to the public, while ensuring that they retain the rights they need to engage in future activities. On the other hand, faculty and students use copyrighted works created by others, and they need to make sure that their uses do not infringe copyright. Because faculty and students stand on both sides of this complex equation, understanding of the fundamental principles of copyright law is recommended.
Copyright law gives an author of a work a bundle of exclusive rights to do and to authorize others to do the following with the work:
These rights, however, are not unlimited. The law establishes certain exceptions from copyright liability. If the work enjoys copyright protection and there are no exceptions available, permission must be obtained from the owner to use the work. Using a copyrighted work without permission may constitute copyright infringement, subjecting the user to significant civil and even criminal penalties.
The copyright law contains a non-exclusive list of purposes for which the use of a copyrighted work would be considered “fair,” such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research. Determining whether a proposed use is fair is case specific, and requires consideration of these four factors:
Public domain refers to materials that do not apply under copyright law or copyright protection has expired. The public is considered to own these works and permission is not required. As of 2023, copyrighted works from 1927 will enter the U.S. public domain. Other works in the public domain are materials authored by U.S. government employees as part of their official duties and most content from .gov websites. Materials that do not apply under copyright law are facts, ideas, blank forms, etc.
Copyright protection covers both published and unpublished works in the following categories:
NOTE: Data from inside tables, charts and figures can be used with proper citation/attribution and do not require permission. However, copying figures, tables or charts requires permission.
Several categories of material are generally not eligible for federal copyright protection. These include: