This includes fiction and nonfiction writings, poetry, musical compositions (words and music alike), sound recordings, photographs, paintings and drawings, sculpture, architectural works, databases, audiovisual works such as movies, and multimedia works such as those on compact discs. The most important such use is 'fair use,' which is discussed in the next Section.īroadly speaking, one can copyright any original work of authorship that can be 'fixed in any tangible medium of expression,' such as written on paper, or encoded on disk or tape, or recorded on film. And the law allows certain limited uses of copyrighted material by others, without the creator's permission. Copyrights expire after a certain period of time. Copyright protects only the form in which ideas and information are expressed. On the other hand, we want society as a whole to benefit from new ideas and information, and so copyright protection is limited. It extends to literary, dramatic and artistic works, musical compositions and computer programs. ' Today, copyright law goes far beyond 'writings' narrowly construed. the exclusive right to their respective writings.

The framers of the Constitution authorized Congress to 'promote the progress of science and the useful arts, by securing for limited times to authors. The present Copyright Act dates from 1978, but copyright is an ancient doctrine, with its roots in Elizabethan England. There are exceptions to this rule-notably the fair use doctrine discussed in the following Section-but generally the unauthorized use of a copyrighted work is copyright infringement, and may subject the infringer to civil and criminal penalties under federal law. The public display or performance of copyrighted works is similarly restricted. Generally speaking, a copyrighted work may not be duplicated, disseminated, or appropriated by others without the creator's permission.

If I am using a commercial computer program for my work, can I make a copy for a colleague, or a copy for my computer at home so that I can work there?Ĭopyright © 2016 President and Fellows of Harvard CollegeĬopyright is the lawful right of an author, artist, composer or other creator to control the use of his or her work by others.

What provisions should I make when retaining an outside vendor to create a work for Harvard (sometimes known as 'work for hire')?.

Do I need permission to use or copy material that has already been copyrighted by Harvard?.

What happens if I receive a request from someone else to copy or quote from a work that is copyrighted by 'President and Fellows of Harvard College'?.

How do I determine whether or not copyright should be in Harvard's name?.

What are the rules for performing a musical or literary work, or showing a film or video, in class?.

How does fair use apply to the use of third-party materials on a course website?.

How does fair use apply to photocopying of course materials?.

How should one weigh the various factors in arriving at a determination whether there is fair use?.

What considerations are relevant in applying the fourth fair use factor-the effect upon the potential market for or value of the copyrighted work?.

What considerations are relevant in applying the third fair use factor-the amount and substantiality of the portion used in relation to the copyrighted work as a whole?.

What considerations are relevant in applying the second fair use factor-the nature of the copyrighted work?.

What considerations are relevant in applying the first fair use factor-the purpose and character of the use?.

What about linking to material licensed by Harvard?.

What should I be aware of when I create a website?.

What happens to copyright in cyberspace?.

How do I get permission to reproduce or disseminate someone else's copyrighted work?.

Does a copyright expire when a work goes out of print?.

When do copyrights expire, and how can I determine if an old work is still covered by copyright?.

Can I avoid infringement by crediting the source?.

Should I include a copyright notice or register the copyright in my work?.

Can a copyright be transferred to someone else?.

What does a copyright authorize the copyright owner to do, or to restrict others from doing?.

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