Copyright Notice
Applying a copyright notice to a work hasn't been required since March 1, 1989.
Copyright in Other Countries
The concept of an “international copyright” does not exist; however, there are many international agreements among countries that allow for works to be protected under copyright in both countries. The United States, for example, is a member of the World Intellectual Property Organization (WIPO), which administers the Berne Convention for the Protection of Literary and Artistic Works.
For a list of U.S. agreements with other countries, see International Copyright Relations of the United States.
Copyright Ownership
Copyright is the automatic legal ownership of a creative work in tangible form.
Copyright allows the copyright holder(s) of the work to: reproduce, distribute, perform, and display the work, as well as create additional works based on the original, known as derivative works (i.e. editions, translations, sequels). Copyright also allows the creator(s) of the work to permit others to perform the above actions.
"Works made for hire" typically include those that are created by an employee as part of regular, day-to-day job responsibilities. In these cases, the employer owns copyright as the creator and not the individual employee.
In the case of independent contractors, written agreements between two parties designate works made for hire. Commissioned works are not considered works made for hire unless a written agreement is signed. This means that the creator of the work still holds copyright (Community for Creative Non-Violence v. Reid, 1989).
Copyright terms for works made for hire is 95 years from publication or 120 years from creation, whichever is shorter.
Registering for copyright enhances the work's protections but is no longer mandatory (since 1978). Copyright registration is however necessary in the event of legal litigations, such as lawsuits for copyright infringement.
Registering copyright creates a public record with the U.S. Copyright Office and can be made at any time within the life of the copyright by submitting an application online through www.copyright.gov or on a paper application.
In transferring copyright ownership, the creator relinquishes or gives up their right to reproduce, distribute, perform, and/or display the work, as well as create derivative works.
Transfer of copyright ownership occurs through written agreement. Publishing companies often require authors to transfer their copyright ownership to the publisher by signing such an agreement.
Copyright ownership can also be transferred through a will or, if there is no valid will, passed as personal property under intestate succession. Intestate succession is determined by state law.
Licenses are normally granted for a particular reason and for a particular time period.
Using Works Under Copyright
| Year of Publication | Copyright Status |
| Works published before 1924 | Public Domain |
| Works published 1924-1963 published with copyright notice but copyright was not renewed | Public Domain |
| Works published 1924-1963 with a copyright notice and renewed | 95 years after publication date |
| Works published 1924-1977 without a copyright notice | Public Domain |
| Works published 1963-1977 with a copyright notice | 95 years after publication date |
| Works created on or after Jan. 1, 1978 | the lifetime of the creator plus 70 years after the creator's death, under the 1976 Copyright Act |
| Works made for hire | 95 years from publication or 120 years from creation, whichever is shorter |
To determine whether you need to obtain permission to use, see Do I need to obtain permission to use? below, first.
Identify who owns the copyright
| Published Works | Unpublished Works |
| Start with the publisher | Start with the creator |
| Publishers often have a permissions department and requests can be made directly online | Search for contact information either within the work itself or online |
Make request and obtain permission in writing, either through an automated form like RightsLink, e-mail, or through a traditional written letter
| Published Works | Unpublished Works |
|
Publishers will generally ask in an automated form:
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Identify what the need is and for what it will be used:
abcdefghijklmnopqrstuvwxyz |
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Requests made online are often done through RightsLink, a licensing service from the Copyright Clearing House that automates permissions of use directly from the website. See RightsLink tab for more information.
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See an example of a permissions letter below. |
Once the term of copyright ends, works enter into the public domain and can be freely used by anyone.
Licenses are normally granted for a particular reason and for a particular time period.
Examples
Do I need to obtain permission to use?
Two ways to determine:
A. Was the work published before 1924? The work is in Public Domain if published before 1924.
B. Does the work have a public domain dedication such as "Permission is not required to use"?
YES NO
You do not to obtain permission to use. Continue to question 2.
See the Creative Commons tab for the available licenses.
YES NO
Follow what the CC license says. Continue to question 3.
YES NO
You do not need to obtain permission. Obtain permission.
Resources
Author Agreements
In many cases, author agreements with publishers are negotiable. Consider ways you may want to reuse your work before you sign the author agreement. See more information under Authors' Rights.