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Copyright and Fair Use

Use this guide as a starting point for copyright education. Reach out to libcopyright@boisestate.edu for more information. Nothing in this guide is legal advice.

Purpose and Intent of Copyright Law

Copyright was designed “to promote the progress of sciences and useful arts, by securing for limited times to authors and investors exclusive rights to their respective writings and discoveries.” Copyright is intended to be a balanced system between the rights of the copyright holder and the rights of copyholder. This balance allows people to receive an initial gain from their efforts but also enables the development of new creations.

Works eligible for Copyright Protection

US Copyright Law protects the following types of works:

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

Requirements for United States Copyright

Copyright in the United States protects "original works of authorship fixed in any tangible medium of expression." Works covered by copyright include literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. 

Copyright does not protect facts, ideas, or processes.

US Copyright Law no longer requires authors to register their copyright in order to be protected. The moment an original work is created in a fixed, tangible format, the work is protected for the life of the author plus 70 years.

Works created before January 1, 1925 are in the Public Domain, as are most US Government works. Works published between 1925 and 1989 require a thorough copyright examination to determine their copyright status. 

17 U.S. Code § 102 - Subject matter of copyright: In general. (n.d.). Retrieved September 21, 2020, from LII / Legal Information Institute website: https://www.law.cornell.edu/uscode/text/17/102.

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