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Copyright

Introduction to Copyright

What is Copyright, and How Does It Work?

Copyright is a type of intellectual property law that applies to tangential works, such as artwork, computer software, and published research. When an author creates an original work, the copyright automatically belongs to the author. In scholarly publishing, authors may transfer their manuscript's copyright to a journal, or they may retain their rights depending on the publishing agreement. Publishing agreements can be negotiated and are legal contracts once established. Authors should refer to publishing agreements when they want to reuse works they have previously published.

 

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History

Copyright Records

Search the Copyright Public Records System (currently in pilot mode)! This system includes the following:

  • Registration and recordation from records from 1978 to the present
  • Catalog card records with images of the 1909-1945 application cards
  • Information about the author, claimant, parties, relevant dates, and more

The following records do not necessarily include information on copyright transfer, reassignment, etc., but they are a good starting point in that they capture registration of copyright for particular works.

Digital Materials and Distance Education

Digital materials have always been protected under traditional copyright. The Digital Millennium Copyright Act (DMCA) of 1998 expanded the scope of copyright law to protect these digital materials. Title 17 of the U.S. Code was modified to reflect the growing concern of infringement of these items. Circumvention of measures to prevent infringement (such as encryption) was made illegal.

The TEACH Act of 2002 added provisions for digital material transmitted via distance education. The TEACH Act expands the scope of educators’ rights to perform and display works and to make the copies available for digital distance education, however audiovisual works and dramatic musical works may only be shown in limited portions (as clips).