Copyright Information for Faculty
Is It Fair Use? (Guidelines)
If work is fair use then it may be used without permission. If not, their permission must be obtained. Please note that all educational use is not automatically Fair Use. The Fair Use test must be applied to each use of a work and is applied to any medium.
| Reason | Likely Fair Use | Likely Permission Needed |
|---|---|---|
| Why Will the Work Be Used? |
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| What Type of Work Will be Used? |
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| How Much of the Work Will Be Used? |
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| What Is the Effect of the Use on the Potential Market? |
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When U.S. Works Pass Into the Public Domain
Definition: A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. The reasons that the work is not protected include: (1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory formalities to perfect the copyright or (3) the work is a work of the U.S. Government.
| Date of Work | Protected From | Term |
|---|---|---|
| Created 1-1-78 or after | When work is fixed in tangible medium of expression | Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2 |
| Published before 1923 | In public domain | None |
| Published from 1923 – 1963 | When published with notice3 | 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain |
| Published from 1964 – 1977 | When published with notice | 28 years for first term; now automatic extension of 67 years for second term |
| Created before 1-1-78 but not published | 1-1-78, the effective date of the 1976 Act which eliminated common law copyright | Life + 70 years or 12-31-2002, whichever is greater |
| Created before 1-1-78 but published between then and 12-31-2002 | 1-1-78, the effective date of the 1976 Act which eliminated common law copyright | Life + 70 years or 12-31-2047 whichever is greater |
- Term of joint works is measured by life of the longest-lived author.
- Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. § 302(c).
- Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405. (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway).
“When U.S. Works Pass Into the Public Domain” chart courtesy of Laura Gasaway, Paul B. Eaton Distinguished Professor of Law Emeritus at the University of North Carolina School of Law.