(2) Copyright Laws in the U.S.

What makes something a copyrighted material?

The first thing to know when using someone else's work is whether or not it has a copyright on it. The simple answer to that is probably yes. To know for sure let us refer to Title 17 of the United States Code.


"  102. Subject matter of copyright: In general

   (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

      (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.   " (Copyright Law of the United States of America)


To summarize, anything that fits into one of these categories will have a copyright on it.

How you can use a piece of copyrighted material

Someone who holds a copyright on something can choose to allow others to make use of their work. This is is generally done by paying the copyright holder for the rights to use their material, however the copyright holder may also simply give someone their consent to use it. If neither of these options are used, one may also use the copyrighted material as long as it meets the terms of fair use, which is defined as follows:


"  107. Limitations on exclusive rights: Fair use

   Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that secion, for purposed such as criticism, comment, new reporting, teachings (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-

      (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

      (2) the nature of the copyrighted work;

      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

      (4) the effect of the use upon the potential market for or value of the copyrighted work.

   The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.   " (Copyright Law of the United States of America)


Remember to keep in mind that if you do not meet the requirements of fair use and do not receive permission to use a copyrighted work, you may not use it at all. The copyright holder would be within his/her rights to take legal action against you.



Sources:

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code. http://www.copyright.gov/title17/92chap1.html#106a.