Copyright and Fair Use

By Amber Beauchamp
 I am not a professional on current laws and legislation regarding

Copyright and Fair Use. The following information in this

Disclaimer presentation provides a general and loose overview of my

current limited understanding. When in doubt you can reach out

to Cornell’s Copyright division.

Here is a direct link to Cornell’s site for further assistance and support:
Cornell Copyright and Public Domain
Copyright, Fair Use, and Texts
A brief overview on determining texts for use in the classroom:

• If the text was made public before the US defined copyright through the Berne

Convention in the 1970s you may use it in class

• All work before 1924 is public domain, so this supports your usage of William

Shakespeare easily

• If you want to make copies of your personally purchased novel after these above

time frames, then the answer is NO; it’s not Fair Use and crosses Copyright laws

• You may only use 10% of a Copyrighted text for qualification as Fair Use
 The Copyright Clearance Center website (2021)
discusses how Copyright exists the moment
someone creates their fictional/artistic piece:

“One of the basic principles of the Berne Convention is that of

What is the “automatic protection”, which means that copyright protection

Berne exists automatically from the time a qualifying work is fixed in a

Convention? tangible medium […] a literary work, a musical composition, a film,

a software program, a painting or any of many other expressions of

creative ideas […]. Neither publication, registration, nor other

action is required to secure a copyright. . .”

For further explanation of how the Berne Convention determines Copyright:
Copyright Clearance Center Berne Convention
 Cornell Copyright Decis ion Tree

Cornell Is the content in the

public domain?
Seek advice on
copyright s tatus from
copyright@cornell.edu

Copyright Is the content

Decision owned by the

individual faculty?
Determine if us e is a
fair us e

Tree: to Assist No copyright

is s ues IF YES
Was the content
created by CU
IF NO OR
Seek advice from the

in Appropriate
UNKNOWN
developers ? Couns el’s Office

Use of Texts in Does the univers ity

or the faculty

Class member own a

licens e for the us e
of the content?
Secure permis s ion

Does the faculty Find an alternative

member have s ource of content
written permis s ion
to us e the content?

While copyright investigation, clearance, and support services are available, final judgment rests with each individual.

Revised October 2003, (originally developed by Academic Technology Center)

 Cornell Timeline for Copyright and Public Domain
Date of Publication6 Conditions7 Copyright Term 3
Before 1926 None None. In the public domain due to copyright expiration

1926 through 1977 Published without a copyright notice None. In the public domain due to failure to comply with required formalities

1978 to 1 March 1989 Published without notice, and without subsequent None. In the public domain due to failure to comply with required formalities
registration within 5 years
1978 to 1 March 1989 Published without notice, but with subsequent 70 years after the death of author. If a work of corporate authorship, 95 years from
registration within 5 years publication or 120 years from creation, whichever expires first
1926 through 1963 Published with notice but copyright was not renewed 8 None. In the public domain due to copyright expiration
1926 through 1963 Published with notice and the copyright was renewed 8 95 years after publication date

1964 through 1977 Published with notice 95 years after publication date
1978 to 1 March 1989 Created after 1977 and published with notice 70 years after the death of author. If a work of corporate authorship, 95 years from
publication or 120 years from creation, whichever expires first
1978 to 1 March 1989 Created before 1978 and first published with notice in The greater of the term specified in the previous entry or 31 December 2047
the specified period
From 1 March 1989 through Created after 1977 70 years after the death of author. If a work of corporate authorship, 95 years from
2002 publication or 120 years from creation, whichever expires first

From 1 March 1989 through Created before 1978 and first published in this period The greater of the term specified in the previous entry or 31 December 2047
2002
After 2002 None 70 years after the death of author. If a work of corporate authorship, 95 years from
publication or 120 years from creation, whichever expires first
Anytime Works prepared by an officer or employee of the United None. In the public domain in the United States, unless the employee was a civilian member
States Government as part of that person's official of the faculty of one of 15 service academies and the work in question is a literary work
duties. 19 intended for scholarly publication.  (17 U.S.C. § 105)
 Can you use Answer: Yes! His work is considered public
William domain, since the creative work existed
Shakespeare’s before 1924.
entire collection of
works in class?

Test Your Can you use a Answer: No! The anthology is now

Skills with
modern anthology covered under Copyright and does not
of William meet Fair Use. Your school or you would

Copyright and Shakespeare's entire

collection of works
need to purchase copies for each student.

Fair Use in class?

You can go to Copyright Clearance Center to further understand this
information: Fair Use and Public Domain in the United States
Test Your Skills with
Copyright and Fair Use
Can I use a 1-minute clip of the choir in Harry Potter

and The Prisoner of Azkaban to demonstrate how

Shakespeare still permeates modern culture? I want

to use this with my Macbeth unit.

Answer: Yes! You can. Audio and video clips can be

used and follow the same format as using text in
class. Notice the example I use for you here.
 Can I just go ahead and teach one of the Harry
Potter books in class? I own the collection. I can

Teaching
just make copies or share digitally.
Answer: No. You cannot share creative works, because they are

texts in class Copyright protected. You need to purchase a class set of books to
teach the work. Harry Potter does not enter public domain until

questions 70 years after JK Rowling’s death.

about Remember, Copyright Clearance Center (2021) states, “in most

Copyright cases and countries today, the general rule is that copyright in

and Fair Use literary, dramatic, musical or artistic works lasts for the life of the

author and then until 31 December of the year 70 years after his

or her death (usually referred to as “life plus 70”).” Go to CCC for

guidance: Copyright
References
Academic Technology Center. (2003). “Cornell Copyright Decision Tree.” Cornell University.
https://copyright.cornell.edu/sites/default/files/Copyright_Decision_Tree.pdf

Copyright Clearance Center. (2021). “About Copyright.” Copyright Clearance Center.

http://www.copyright.com/learn/about-copyright/

Cornell University. (2021). “Copyright Term and the Public Domain in the United States.”
Cornell University Library. https://copyright.cornell.edu/publicdomain

Hogwarts Choir. (2016). “Double Trouble.” Lyrics effect by El Niño @ Học viện Pháp thuật và
Ma thuật Hogwarts Việt Nam. YouTube.
https://www.youtube.com/watch?v=BUixJdzxfCA&t=1s