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Faculty and student resource for copyright, fair use, and public domain

Fair Use Chart for Faculty Members

Copyright Slider

When Works Pass Into the Public Domain

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 - 63 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 - 77 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

1  Term of joint works is measured by life of the longest-lived author.
2  Works for hire, anonymous and pseudonymous works also have this term.  17 U.S.C. § 302(c).
3  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)
 

LOLLY GASAWAY         Last updated 11-04-03
Chart may be freely duplicated or linked to for nonprofit purposes.No permission needed.
Please include web address on all reproductions of chart so recipients know where to find
any updates.
 

Fair Use Evaluator

Copyright Term and the Public Domain in the US

Cornell’s chart covers the copyright and public domain terms of:

  • Never Published, Never Registered Works
  • Works Registered or First Published in the U.S.
  • Works First Published Outside the U.S. by Foreign Nationals or U.S. Citizens Living Abroad
  • Sound Recordings
  • Architectural Works  

Code of Best Practices in Fair Use for Online Video

The Copyright Modernization Act - A Guide for Post-Secondary Instructors

From the Abstract:

"In November 2012, the educational provisions of the Copyright Modernization Act were proclaimed in force, thereby introducing a number of significant changes to the Canadian Copyright Act. These changes include the expansion of fair dealing to include the purpose of education, the addition of new educational exceptions for the online transmission of lessons and the use of work freely available through the internet, and a number of amendments that make existing educational exceptions more technologically accommodating. This paper considers the significance of these changes for post-secondary instructors, first contextualizing the changes in relation to recent fair dealing jurisprudence, and then considering their significance for everyday instructional practice. Drawing on influential court decisions and the commentary of academics and lawyers, the paper not only describes how the changes to the Copyright Act have expanded the rights and exceptions available to instructors, but also identifies a number of unresolved questions about how the changes should be applied in practice. Despite these areas of uncertainty, the paper concludes that the changes bode well for post-secondary instructors, as they relax many long-standing restrictions around the use of copyrighted works for educational purposes."

Featured Book

Training Your Faculty about Copyright When the Lawyer Isn't Looking

Article by Thomas J. Tobin of Northeastern Illinois University

Excellent article covering the following topics in an easy-to-follow format:

  • Part 1: Use of Copyrighted Materials for Teaching Purposes
  • Part 2: Ownership of Content Created by Faculty Members
  • Part 3: Ownership-Rights Agreements

Know Your Copy Rights

Short brochure covering copyright, fair use, and public domain.  Include a helpful chart covering which works you can use in your teaching without permission or fee.

TEACH Act

Explore the resource for an overview of the TEACH act, checklists of requirements, and answers to frequently asked questions.

UNC at Charlotte’s resource about the TEACH act:

“The TEACH Act exception (§110(2)) of the Copyright Act is one of two options available for those wishing to post other people's copyrighted material online without their prior permission; that is, when lawfully transmitting the performance (movies, music, audiovisual works) or display (text, images, photographs, charts, etc.) of 3rd party copyrighted material without the prior permissions of the copyright holder.  The other option for lawfully posting someone else's copyrighted material, without prior permission, is fair use.  If you cannot qualify for either TEACH or fair use, permission from the copyright holder will be necessary.”

Stanford's Copyright & Fair Use

An extremely thorough guide on copyright and fair use published by Stanford University Libraries.

Stanford's Copyright Renewal Database

“This database makes searchable the copyright renewal records received by the US Copyright Office between 1950 and 1992 for books published in the US between 1923 and 1963. Note that the database includes ONLY US Class A (book) renewals.”

Public Domain Flowcharts

Teaching Copyright

The Educator's Guide to Copyright, Fair Use, and Creative Commons