Resources

U.S. Copyright Law This publication contains the text of title 17 of the United States Code, including all amendments enacted by Congress through June 30, 2016. It includes the Copyright Act of 1976 and all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; and the Vessel Hull Design Protection Act, as amended. The Copyright Office is responsible for registering intellectual property claims under all three.
The U.S. Copyright Office The Copyright Office is responsible for administering a complex and dynamic set of laws, which include registration, the recordation of title and licenses, a number of statutory licensing provisions, and other aspects of the 1976 Copyright Act and the 1998 Digital Millennium Copyright Act.
Music Copyright Tutorials This video introduces the basic concepts behind copyright in the United States and a general overview of how that applies to music. Created by the William and Mary Music Library.
American Library Association on Copyright ALA works with Congress, the U.S. Copyright Office, the U.S Patent and Trademark Office and other government agencies to represent the library community and the public and to ensure that users rights are upheld. Our position is that copyright will only be effective when it is balanced between the rights of the public and the interests of rights holders.
Columbia University, Kernochan Center for Law, Media, and the Arts The Kernochan Center for Law, Media and the Arts was established to contribute to a broader understanding of the legal aspects of creative works of authorship, including their dissemination and use.
Copyright Tutorial for Musicians (Public Knowledge, Attorney Jodie Giffin) Musicians are creators and copyright law says that creators have a right to gain economic value from their creation. For example, if you write a song, you can charge money to let a movie studio or a TV station use your song in their sound track. The law gives these rights as an incentive for creation. It is thought that when creativity is encouraged, the public will be benefited because more art will be available to the public.

Copyright Basics

What is copyright?

According to the U.S. Copyright Office, copyright is: "a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works." notepad

The three requirements for copyright:

original work;
be work of authorship;
exist in a fixed, tangible medium

What does copyright protect?

Under 17 USCS Section 102 (Cornell Law School Legal Information Institute site link) the following is protected:

Literature
Music and lyrics
Drama
Pantomime and dance
Pictures, graphics, sculpture
Films
Sound Recordings
Architecture
Software

"In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

Who owns the copyright?

The author
Those deriving rights through or from the author
- This can include publishers, record labels, descendants of the author, etc.
If the work is done as a work for hire, the employer of the author is the copyright holder
If the work has more than one author, two or more authors can own copyright

-Derived from the Copyright Clearance Center's 2006 Copyright Education Series Foundations Workbook

How long does copyright last?

The United States has had several copyright codes in its history, so depending on when a work was created, it may or may not be protected by copyright. Check out the American Library Association's Digital Copyright Slider to see if what you want to use is in the public domain or covered by copyright.

© Digital Copyright Slider ©

What happens when copyright expires?

When the term of copyright expires (or an individual forfeits their copyrights using a CC0 license or something similar, see the Creative Commons tab for more information), a work is said to enter into the public domain.

What is the Public Domain?

The public domain refers to works that are not copyright protected and can be used freely, without seeking permission. Works can pass into the public domain through various ways, so it is important to always check carefully to determine if a particular work is really in the public domain before assuming you may use it without permission.

United States government documents (note: foreign documents may be protected)
Materials marked with Creative Commons licenses instead of a copyright symbol (note: different licenses affect sharing, use, and attribution)
When copyright has expired, materials move to the public domain
Factual and non-creative works like telephone books

Anyone may reproduce, redistribute, or adapt works in the public domain. Permission for use is no longer required.

Due to the Copyright Term Extension Act of 1998 (also known as the Sonny Bono Act), no copyrighted works will enter the public domain until 2019.

Additional Resources

Cornell University Library's chart illustrates when works pass into the public domain

Is it Protected by Copyright?

Digital slider to determine if and when works will pass into the public domain

What does the right of "first sale" mean?

The "first sale" doctrine says that a person who buys a legally produced copyrighted work may "sell or otherwise dispose" of the work as he or she sees fit, subject to some important exceptions (Section 109a). "First sale" gives you the right to loan a legally purchased book or CD to your friend. Historically libraries have heavily relied on the first sale doctrine to lend books and other items to their patrons.

The first sale clause was enacted during a time when most copyrighted works were produced in physical formats that made such works difficult to reproduce on a large scale. Many protected works including books are now produced digitally, however, copyright owners have lobbied Congress for new laws that some feel may undermine the "first sale" doctrine.

Additionally, many publishers (most notably music publishers) are now creating works to include technologies that interfere with the "first sale" doctrine. Software companies also attempt to circumvent the first sale doctrine by characterizing the consumer purchase as a license rather than a sale.

First sale issues are entangled with licensing and Digital Millennium Copyright Act issues. To learn more about The Digital Millennium Copyright Act please see the American Library Association's Introduction to the DMCA.

"Books" by Rocket000 is licensed under CC-BY

17 USCS Section 102
Code relevant to copyright protection
17 USCS Section 107
Code relevant to fair use exceptions
17 USCS Section 108
Code relevant to exceptions for libraries and archives
17 USCS Section 109
Code relevant to first sale (the right to sell or loan a copyrighted item you have purchased)
17 USCS Sections 201-205
Code relevant to copyright ownership and transfer
17 USCS Sections 301-305
Code relevant to copyright duration

Copyright Law for Librarians and Educators by Kenneth D. Crews
Call Number: KF2995 .C74 2012
"Copyright Law for Educators and Librarians--highly praised in previous editions--draws on cutting-edge case law in 18 discrete areas of copyright, including specialized and controversial music and sound recording issues. Information professionals will find the tools they need to take control of their rights and responsibilities as copyright owners and users in this succinct, easy-to-use guide."

Butler Institute for Research and Scholarship
The Institute can help Butler faculty obtain copyrights for their works and also provides information about intellectual property rights.

Music Library Association

The Legislation Committee of the Music Library Association (MLA) maintains a website designated specifically as a resource for anyone interested in issues of copyright as they apply to the fields of music and music librarianship.

Copyright FAQ - MLA's Copyright FAQ answers common questions about copyright basics.

Copyright Bibliography - A bibliography which includes other resources about copyright in general, and specific resources about music copyright.

LibGuide Authors

This LibGuide was created by Hannah Carlson as part of her graduate degree in music, supervised by Performing Arts Librarian Sheri Stormes,. Completed April 2019.

Performing Rights Societies

Broadcast Music, Inc. BMI is the bridge between songwriters and the businesses and organizations that want to play their music publicly. As a global leader in music rights management, BMI serves as an advocate for the value of music, representing 14 million musical works created and owned by more than 900,000 songwriters, composers and music publishers.
The American Society of Composers, Authors, and Publishers ASCAP is a membership association of more than 700,000 songwriters, composers and music publishers. They license over 11.5 million ASCAP songs and scores to the businesses that play them publicly, then send the money to ASCAP members as royalties.
Music Publishers Association of the United States Founded in 1895, the Music Publishers Association is the oldest music trade organization in the United States, fostering communication among publishers, dealers, music educators, and all ultimate users of music. This non-profit association addresses itself to issues pertaining to every area of music publishing with an emphasis on the issues relevant to the publishers of print music for concert and educational purposes.

Music: Copyright and Plagiarism: Home

Introduction