Textbook Affordability Project Administered by the University Library

• What is copyright?
  • Copyright grants a set of exclusive rights to copyright owners meaning others cannot copy, distribute, publicly perform, adapt, or otherwise use the work without permission.
• Who owns the copyright?
  • The individual who created the work, however, the exclusive rights can be transferred to others such as corporations, publishers, or universities. 
• How do you receive copyright Protection?
  • Copyright is automatic the moment a work is created though some countries require the work to be fixed in a tangible medium.
• Where is copyright active?
  • Copyright laws vary from country to country, but there are many commonalities among these laws globally which are due to international treaties. 
• Why is there a copyright?
  • Copyright is an area of law that limits how others may access and use the original works of creators. 
• How Long does copyright last?
  • Copyright protection lasts a long time often decades after the creator dies. This varies depending on participating countries.

“2.1 Copyright Basics” https://certificates.creativecommons.org/cccertedu/chapter/2-1-copyright-basics/ by Creative Commons. CC BY 4.0.

• Utlitatiran Rationale
  • Definition - Copyright is designed to provide an incentive to creators.
  • Aim - To encourage the creation and publication of new works for social benefits
  • Law Association - Common Law
• Author’s Rights Rationale
  • Definition - Copyright protection serves to recognize and protect the deep connection authors have with their creative works.
  • Aim - To ensure attribution for authors and preserve the integrity of creative works.
  • Law Association - Civil Law

“2.1 Copyright Basics” https://certificates.creativecommons.org/cccertedu/chapter/2-1-copyright-basics/ by Creative Commons. CC BY 4.0.

• Copyright exists under that category of "literary and artistic works" this can include a wide array of different expressions including but not limited to:
  • Literary, musical, artistic, dramatic, and cinematographic works 
  • Translations, adaptations, arrangements of literary and artistic works
  • Collections of literary and artistic works
  • Databases and computer software etc... 
• Copyright does not protect facts or ideas themselves, only the expression of those facts or ideas. 
  • Copyright law gives creators control over their expression of an idea
  • Copyright law does not allow the copyright holder to own or exclusively control the idea itself.

“2.1 Copyright Basics” https://certificates.creativecommons.org/cccertedu/chapter/2-1-copyright-basics/ by Creative Commons. CC BY 4.0.

• Intellectual Property
  • Rights established by law that empower creators to restrict others from using their creative works. Copyright is a type of intellectual property.
• Trademark Law
  • Protects the public from being confused about the source of goods and services. It generally prevents the use of the trademark if it will confuse the public.
• Patent Law
  • Gives inventors a time-limited monopoly on their inventions. They typically give inventors the exclusive right to utilize the invention in multiple ways.

“2.1 Copyright Basics” https://certificates.creativecommons.org/cccertedu/chapter/2-1-copyright-basics/ by Creative Commons. CC BY 4.0.

• What is the Public Domain?
  • It consists of works that are not subject to copyright because copyright protection does not last forever. This pool of publicly available material allows new creativity and knowledge to be built.
• What can be done with public domain works?
  • You can do almost anything, but it depends on the scope and duration of copyright protection in the particular country where the work is used.
• How does work enter the Public Domain?
  • Expires - In most countries the term of an individual's copyright expires 50 years after their death. 
  • Never Entitled - Certain categories of works fall outside of the scope of copyright including ideas, facts, legislative, administrative, and legal texts. 
  • Dedication - A creator can decide to forego the protections of copyright and dedicate their work to the public domain.
  • Failed Compliance - In the past many works have entered the public domain because a creator failed to adhere to formalities.

“2.3 The Public Domain” https://certificates.creativecommons.org/cccertedu/chapter/2-3-the-public-domain/ by Creative Commons. CC BY 4.0.

• Exceptions and Limitations
  • The limitations and exceptions built into copyright were designed to ensure that the rights of the public were not unduly restricted by copyright.
  • Copyright is not absolute and there are some uses of copyrighted works that do not require permission.
  • Certain uses are explicitly carved out from copyright including uses for purposes of criticism, parody, access for the visually impaired, and more. 
• Listing Specific Actives
  • This approach commonly found in civil law countries has the benefit of providing clarity about precisely what uses by the public are allowed and not considered infringing.
  • This can be limiting because anything not specifically on the list of exceptions may be deemed restricted by copyright.  
• Fair Use
  • More flexible guidelines where courts determine using four factors what uses are allowed without the permission of the copyright holder.
    • the purpose or the use
    • the nature of the work
    • the amount and substantially of the portion taken
    • the effect on the market.

“2.4 Exceptions and Limitations” https://certificates.creativecommons.org/cccertedu/chapter/2-4-exceptions-and-limitations-to-copyright/ by Creative Commons. CC BY 4.0.

Visit the Library's copyright guide to learn more at https://utrgv.libguides.com/copyright