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Copyright is a form of legal protection automatically provided to creative works such as books, music, or art.
Copyright law is intended to encourage people to create new works. By limiting how others can use a newly-created work for some period of time, copyright law gives creators more control over the use of their works and increases their potential for compensation.
According to the law, only the person who controls the copyright (originally the creator) is allowed to:
The creator of a copyrighted work can give others permission to do these things with the work and can completely transfer these rights to someone else in a way that gives up these rights for themselves. For example, a book author will often transfer their copyrights to a publisher in exchange for money related to the sales of the book. After that transfer, authors can no longer give permission to anyone else to do these things and need permission from the publisher to do these things themselves.
The creator, or the person the creator transfers their rights to, is said to “control copyright” in the work and sometimes described as the copyright owner.
When someone other than the copyright owner uses the work in one of these protected ways without permission (or other justification under copyright law), it is called copyright infringement.
Copyright law protects creative works “fixed in any tangible medium of expression,” such as books, movies, musical scores or recordings, paintings, photographs, websites, video games, performances, architecture, and software.
The complete description of what is protected by copyright is provided in Section 102 of the Copyright Law.
Copyright law does not protect facts or ideas, just the creative choices involved in communicating them. In other words, copyright protects the expression of ideas, but not the ideas themselves. For example, Einstein’s Theory of Relativity could not be copyrighted, but the article he published to explain the theory could be.
The following do not qualify for copyright protection:
Plagiarism and copyright each address the legitimacy of copying, but in very different ways.
Plagiarism is concerned with the protection of ideas (not just the particular expression of an idea). Plagiarism is the act of misrepresenting the origin of an idea. In other words, it involves passing off someone else’s ideas as your own. Plagiarism is dishonest and can lead to serious, negative consequences in an academic or professional setting, but it is not directly connected with copyright law.
Plagiarism can be avoided by properly citing sources. Copyright infringement cannot be avoided simply by citing sources.
Some works that might qualify for copyright protection are instead part of the public domain. The public has the full rights to use these works without obtaining permission and no one can come to control those rights in the future.
There are three common ways that works enter the public domain:
True or False: Maps created in 2011 by the U.S. Department of Agriculture are protected by copyright.
True or False: The novel The Adventures of Tom Sawyer, published in 1876 in the United States, is protected by copyright.
Open Copyright Tool in full-screen view
The Copyright Status Tool is a step-by-step guide to help you determine if a work is protected by copyright or in the public domain. In this activity, you will use the tool to evaluate whether the following four works below are protected by copyright or in the public domain. Once you have gone through the tool for each work, check to see if your answer is correct. You can use the tool in the space above or open the tool in a new tab or window. If you have problems accessing this, contact alex.stark@wisc.edu.
This photo of an irrigation ditch from the U.S. Geological Survey taken in 2000.
This image from the book The Secret of the Wooden Lady by Carolyn Keene. The title page and copyright page are also included in order to help make a decision.
This publicly posted photo on Flickr taken in 2017 of the Badlands National Park.
The five steps for cooking perfect rice.