in support of free expression
The information presented here by the National
Coalition Against Censorship (NCAC) may be freely redistributed in its entirety,
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©Copyright 2005 NCAC
WEB DESIGN
Jeanne Criscola Criscola Design
free speech first amendment censorship
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Copyright and Fair Use |
The
Constitution authorizes Congress to “promote
the progress of science and useful arts, by securing
for limited times to authors and inventors the exclusive
right to their respective writings and discoveries.”
It is a matter of dispute whether copyright
protection of the work of one artist, author, or
composer restricts the freedom of expression of
another who wishes to copy, criticize, or parody
that work. Consistently, the courts have emphasized
that copyright law is intended to complement rather
than collide with the freedoms guaranteed by the
First
Amendment.
Copyright law seeks to perpetuate freedom of expression
and the exchange of ideas in many ways:
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Copyright
law is designed to protect specific expression
of ideas rather than the ideas themselves.
Thus, nobody can have a monopoly on ideas.
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The
fair
use doctrine permits the use of copyrighted
works for purposes of scholarship, journalism,
criticism, commentary, or parody (if the
parody specifically criticizes or comments
on the copyrighted work itself and not just
on society in general). Factors which must
be considered in determining whether "fair
use" applies include:
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The
purpose and character of the use, including
whether such use is of a commercial
nature or is for nonprofit educational
purposes; |
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The
nature of the copyrighted work; |
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The
amount and substantiality of the portion
used in relation to the copyrighted
work as a whole; and |
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The
effect of the use upon the potential
market for or value of the copyrighted
work. |
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The
first sale rule allows owners of copies of
a work to share, give away, or otherwise distribute
them. |
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Once
copyright protection has expired, a work enters
the public
domain and can be appropriated by anyone
without liability for infringement. Works
that are presently in the public domain include
works published before 1923, federal government
publications and established facts. |
Recently,
Congress extended the United State’s copyright
terms again, thereby keeping material out of the
public domain for an even longer period of time,
and the Supreme Court upheld Congress’ power
to do so. Today, the duration of copyright in
the Untied States is as follows:
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Single
authorship: author's life plus 70 years. |
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Joint
authorship: last surviving author's life plus
70 years. |
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Works
for hire (i.e. a work produced by an employee
within the scope of his or her employment
or by an independent contracts under a written
agreement) and anonymous and pseudonymous
works: 95 years from publication or 120 years
from creation, whichever is shorter. |
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Generally,
works created after 1922 but before January
1, 1978, if their copyright registrations
were properly renewed, are protected for 95
years, but not necessarily. |
Link
to http://www.loc.gov/copyright/circs/circ1.cfm
for further information on what works are protected
by copyright and how to secure a copyright. |
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Associated Cases: |
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| These
materials are not intended, and should not be used, as
legal advice. They necessarily contain generalizations
that are not applicable in all jurisdictions or circumstances.
Moreover, court decisions may be superceded by subsequent
rulings, and may be subject to alternative interpretations.
Corrections, clarification, and additions are welcome.
Please send to ncac@ncac.org. |
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