It is a common misconception that copyright indicates ownership - it does not. Copyright provides protection to the creators of original works of authorship fixed in a tangible medium of expression. Copyright is federal law and in the United States, is administered by the U.S. Copyright Office. Many countries have similar counterparts; actual laws and regulations may vary among countries, but the basic premise is the same.
Copyright provides certain exclusive rights to creators:
Fair Use is Not an Infringement of Copyright
Fair use allows individuals to use copyright-protected material without permission under certain conditions, and it is recognized as an important right, especially in academic settings. This right enables us to clip, quote, scan, share, and engage in many other common uses of protected works. However, not all uses fall under fair use. Whether a use qualifies as fair is determined by a careful consideration of four factors: the purpose of the use, the nature of the copyrighted work, the amount of the work used, and the effect of the use on the market for the original work. For more in-depth information on fair use, additional resources are available.
Fair Use is Just One of Many Statutory Rights
Fair use is part of the U.S. Copyright Act, which includes various other provisions that permit the use of works in classrooms, libraries, and for other educational and professional purposes. These regulations are detailed and often subject to specific conditions and limitations.
Obtaining Permission for Use
If your intended use of a copyrighted work does not fall under one of the statutory exceptions, you will need to obtain permission from the copyright owner. While non-exclusive permission does not have to be documented in writing, having a signed agreement is generally advisable. Permission can be sought directly from the copyright owner or through their designated representative or copyright agency.
U.S. Copyright Law Applies to Domestic and Foreign Works
In general, the principles of U.S. copyright law are applicable to both domestic and foreign works. Under major international treaties, many countries have agreed to extend copyright protection to works from other nations. Since the U.S. is a participant in these treaties, it is appropriate to apply U.S. copyright law to most works, regardless of their origin. For further details about copyright and foreign works, you can refer to resources on Special Cases.
Other University Resources
External Resources
Copyright is an intangible right granted to you as the author of your thesis or dissertation. This right gives you the exclusive ability to create copies, publish, and/or sell your thesis or dissertation. Currently, this protection lasts for your lifetime plus an additional 70 years. These exclusive rights belong to you unless you have transferred them to someone else through a written agreement or if your work is classified as a "work-for-hire."
Copyright protection automatically exists as soon as you place your thesis or dissertation in a fixed form. A fixed form can include digital files such as word processing documents or PDFs, as well as printed pages. There is no requirement to publish or register your thesis or dissertation to obtain protection under copyright law. The copyright for any work immediately belongs to the author who created it, unless it is classified as a work-for-hire or its ownership has been assigned via a written agreement.
When you submit your approved thesis or dissertation, it results in the document being published by the Curtis Laws Wilson Library. By doing so, you grant the University a limited, non-exclusive, royalty-free license to reproduce your thesis or dissertation, in whole or in part, in electronic form. This document will be posted in Scholars' Mine, our institutional repository, and made available to the general public at no charge. This does not mean the University owns the copyright to your work (you do), but it has the right to reproduce and distribute it. The University requires this to support the dissemination of intellectual thought and discovery.
Regardless of whether you register the copyright for your thesis or dissertation, it is advisable to include a copyright notice in your work. This notice helps establish that you are the owner of the work and protects you as the copyright holder from anyone claiming innocent infringement or unintentional violation of copyright.