Copyright

Q: What is Copyright?

A: Copyright is a form of protection provided by the law of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the copyright work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• In the case of sound recording, to perform the work publicly by means of a digital audio transmission.

Q: Who can claim copyright?

A: Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship 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 and not the employee is considered to be the author.
• The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.
• Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Q: Do I give up copyright ownership of my work when it becomes published?

A: That depends, there are typically two models of copyright for scholarly publishing: author retains copyright and journal retains copyright.

• Author Retains Copyright: Many open access journals allow authors to retain their copyright. This means that the author has full control over the work (e.g. retains the right to reuse, distribute, republish etc.). In this case, the author will often license the right of first publication to the journal. 

• Journal Retains Copyright: This model is more common with traditional, subscription-based journals. It is less commons for open access journals. In this model, the author transfers the copyright and the associated rights along with it to the journal. This means the journal is now responsible for the article. The journal can elect to license back certain rights to the author. 

Q: How can I secure a Copyright?

A: Copyright is automatic once the work is fixed. No publication or registration with the U.S. Copyright Office is required to secure copyright. However, there are certain advantages to registration. See the U.S. Copyright Office's Copyright Registration Procedures.

Q: Are works by the U.S. government in the public domain?

A: Works created by U.S. government officers or employees in the course of their employment are in the public domain.

Q: Are works by state and local governments in the public domain?

A: No. State and local governments may claim copyright in their works.

Q: Many materials state "all rights reserved" and that nay copying is an infringement. Is this true?

A: No. Fair use standards apply and certain libraries may be exempt.

1. U.S. Copyright Office