How to Use Copyrighted Material

Although it is written material such as books, newspaper articles and even blog posts most commonly associated with copyright protection, other original work such as photographs, paintings, music, plays, movies, television programs and even choreographed dances are also covered by copyright protection. This means that if you want to use or distribute all or portions of these original artistic expressions, you either need permission from the copyright owner or you need to find previously copyrighted work that is now in the public domain. Here's how to go about using copyrighted work legally.

Things You'll Need

• A work you want to use in a new format
• Access to the Internet

Instructions

1. Know the rules. Though copyright protects the creators of original work, it's scope is not unlimited. The first provision under which you may be able to use work that is still under copyright protection is through what is called "fair use." Fair use applies in circumstances where the use of copyrighted material is for educational purposes, does not use a substantial portion of the copyrighted work, and does not diminish the potential value of the work.

   For example, a book reviewer quoting from a published book or music recording, a news reporter quoting or broadcasting material in a news story, and a professor reading a poem out loud in class all fall under the doctrine of fair use.

2. Get permission from the copyright owner. This applies to copyrighted work that does not fall under fair use. This could be the original creator or author, their heirs or the works' publisher. To find out who owns the copyright, look at the work itself, contact the author, the author's agent and/or publisher, or search online at any number of services that offer to find this information for you for a fee.

3. Seek out work that was previously copyrighted but that is now in the public domain. The length of time an original work is covered under copyright protection varies, depending upon whether or not the work was published and whether it was published under the author's name or anonymously.

   The copyright laws were changed in 1978, so different rules apply depending upon whether it was created before Jan. 1, 1978, or after. For work created after that date, copyright protection is for the life of the author plus 70 years. For an anonymous work, copyright protection is either 95 years after its first publication or 120 years after its creation, whichever is shorter.

   For works published or created before Jan. 1, 1978, the rules are more complicated and do not fall under any single rule; rather, their copyright protection must be researched individually through the U.S. Copyright Office, a private attorney or the Copyright Clearance Center.

   The U.S. Copyright Office maintains a card catalog file of copyright holders online and at the Library of Congress, which is open to the public at:
   Copyright Office Records Research and Certification Section
   101 Independence Avenue SE
   Washington, DC 20559-6300
   [phone].

   For a small fee, Library of Congress staff will conduct the search for you. The Copyright Clearance Center offers fee schedule, pay-per-use services, and instant permission for use on hundreds of thousands of copyrighted works. You can also search its database for copyright owners on its website.

Tips & Warnings

• Infringing upon someone's copyright is a crime and can incur substantial fees and even jail time if you are found guilty. Know the facts and respect copyright.

References

• U.S. Copyright Office
• Copyright Clearance Center

Resources

• University Copyright Chart