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Copyright and Fair Use: Copyright Law

Information on copyright law and fair use in an academic setting. This guide is based on guide at http://library.ship.edu/copyright. Used with permission.

Introduction

The purpose of this site is to provide faculty, staff, and students at Kutztown University with an understanding of copyright law and fair use. While copyright issues can be complex, everyone needs to understand the basics. Failure to comply with copyright law can lead to substantial legal penalties.

This site also includes copyright and fair use compliance guidelines for faculty.

If you are a member of the Kutztown University community and have copyright questions, please check our copyright questions and answers knowledgebase.  If you have questions not answered there please feel free to ask your question and we will research an answer for you.

This guide has been created to explain some aspects of copyright and to offer examples of acceptable uses of copyrighted materials. While every efforts has been made to ensure its accuracy, it should not be construed as counsel or legal advice.  Consult an attorney for advice concerning your specific situation.

Copyright Questions

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Copyright Law Defined

Copyright law, as defined in Title 17 of the United States Code, protects "original works of authorship fixed in a tangible medium of expression" for a limited period. Copyright protection includes, for instance, the legal right to publish and sell literary, artistic, or musical work, and copyright protects authors, publishers and producers, and the public.  Copyright applies both to traditional media (books, records, etc.) and to digital media (electronic journals, web sites, etc.). Copyright protects the following eight categories of works:

  1. literary works
  2. musical works
  3. dramatic works
  4. pantomimes and choreographic works
  5. pictorial, graphic, and sculptural works
  6. motion pictures and other audiovisual works
  7. sound recordings
  8. architectural works

Ownership of a copyrighted work includes the right to control the use of that work. Use of such work by others during the term of the copyright requires either permission from the author or reliance on the doctrine of fair use. Failure to do one or the other will expose the user to a claim of copyright infringement for which the law provides remedies including payment of money damages to the copyright owner.

Kutztown University Copyright Policy

We follow all applicable US federal copyright law (See: Title 17) as clarified by the fair use guidelines.