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Copyright and Fair Use

Guidelines on copyright and fair use for instructors, researchers, and students

What is copyright?

  • Copyright is federal law. It is Title 17 of the U.S. Code.
  • It protects the right of authors to control the use of their original work for a limited period of time
  • It gives copyright holders a set of exclusive rights to
    • reproduce the work, in whole or in part
    • distribute copies of the work
    • publicly perform the work
    • publicly display the work, and
    • prepare derivative works based on the original, such as translations or adaptations
  • Applies to any tangible form of expression
  • Is automatic - no special symbol necessary
  • Regardless of publication status or access, information on the Internet IS covered by copyright

These rights are subject to exceptions and limitations such as "fair use" which allow limited uses of works without the permission of the copyright holder.

What can be copyrighted?

Copyright applies to any tangible form of expression that is original. Some examples include: poetry, prose, songs, software applications, videos, a webpages, blog posts, photographs, PPT slides - essentially, anything that is original and in a fixed, tangible format.

Examples that do not qualify as copyrightable expressions: facts, exact duplications of pubic domain works, ideas, systems, works created by employees of the Federal Government, titles and short phrases, and logos and slogans. 

Who owns the copyright?

  • Generally, if a work is not published, the author owns the copyright
  • However, if the work was created as a "work made for hire," then the copyright may belong to the author's employer. Belmont University has created guidelines for creative works for employees and students so they are aware of their rights.
  • When works are published, the copyright is often owned by the publisher. For this reason, if you want to use something from a published work such as a figure, you may need to seek permission from the publisher rather than the author.
  • If you author an article, be sure to understand the author agreement or copyright agreement you sign in order to understand your rights. You may be able to negotiate to retain certain rights. See the For Researcher's page for more information.

Fair Use

Fair use is part of copyright law and allows you to use copyrighted materials without permission when certain factors apply. It is not sufficient to say the use is for educational purposes and therefore fair use. A four-factor test must be applied and a balanced judgment must be made. The four factors are:

  1. Purpose or character of the use (educational or professional; transformative)
  2. Nature of the work used (published vs. unpublished; factual vs. creative)
  3. Portion or amount of the work used
  4. Impact on the market for the work (including the market for permissions)

These helpful tools will help you determine if your intended use is a fair use.