More on Copyright

Who Owns the Copyright?

Generally, the author or authors of a work own the copyright; however, if an employee makes a work for hire within the scope of employment, the employer generally owns the copyright.  Note that students usually hold the copyright on their own work. 

See the OSU Policy on Patents and Copyrights and Scholarly Publishing and Copyright for more information.

Exemptions to Copyright

There are a number of limitations on the exclusive rights of the copyright holder.  Some commonly-used limitations that may allow you to use a copyright work are:

• Fair use (Section 107 of the copyright law)
• Face-to-face teaching exceptions and exceptions for digital transmissions for instructional activities (Section 110 (1)-(2) of the copyright law)
• Some copying by libraries and archives (Section 108 of the copyright law)

If your use of a copyrighted work is not covered by an exception, you may still contact the copyright holder and seek permission to use the work. Contact us for more information.

Fair Use

Fair use is a limitation on the copyright holder’s exclusive rights and provides that reproduction and other uses “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”  (17 U.S.C. §107)  A finding of fair use is normally a fact-specific analysis of these four factors:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• The nature of the copyrighted work
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• The effect of the use upon the potential market for or value of the copyrighted work.
  

Note that using a copyrighted work for non profit educational purposes is not automatically fair use; it is only one of the factors to consider in making a finding of fair use.  Remember also that if the use you are considering is not fair use, you may still be able to use the work by seeking permission from the copyright holder.  Here  is a tool to help you analyze whether your intended use is likely to be fair use.

Useful Links and Further Reading

• American Library Association.  Copyright slider tool.
• Peter Hirtle.  Copyright Term and the Public Domain in the U.S.
• Laura Gasaway.  When U.S. Works Pass Into the Public Domain 
• Know Your Copyrights  A chart showing situations where it may be possible to use works for teaching without seeking permission

Orphan Works
Orphan Works are copyrighted works where the copyright owner is difficult or impossible to identify.  Here are the Copyright Office’s reports and recommendation on the subject. 

Disclaimer

The information on these web pages and that received from the Copyright Management Office is not legal advice, nor is the CMO legal counsel to the university or any members of the university community.