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Copyright Guidance for Faculty

This guide was created to address the most common copyright questions we receive at the library. It serves as a starting point for Saint Francis University faculty seeking answers while planning courses and determining the use of copyrighted materials in their classes.

Below, you'll find a basic introduction to copyright law, with additional sections in the menu covering specific aspects relevant to teaching and classroom use. Feel free to navigate directly to the section that best meets your needs.

You can always email your question to any of the librarians at Saint Francis University Library! 

Basic Guide to U.S. Copyright Law

What Is Copyright?

Copyright is a form of legal protection granted to the creators of original works, including literary, artistic, musical, and other creative content. It provides the copyright holder with exclusive rights to use, distribute, and reproduce their work.

What Can Be Copyrighted?

Copyright protects:

  • Books, articles, and other written works
  • Music, lyrics, and sound recordings
  • Movies, TV shows, and videos
  • Paintings, photographs, and digital artwork
  • Software and computer programs
  • Dramatic works, choreography, and architecture

Not Protected by Copyright:

  • Facts and ideas (only their expression is protected)
  • Titles, names, slogans, and short phrases (these may be protected under trademark law)
  • Government works (most U.S. government publications are public domain)

Who Owns Copyright?

Generally, the person who creates a work automatically owns the copyright. However, exceptions include:

  • Work for Hire: If a work is created as part of employment, the employer typically holds the copyright.
  • Commissioned Work: Ownership may depend on contractual agreements.

How Long Does Copyright Last?

As of current U.S. law:

  • Works created after January 1, 1978: Life of the author + 70 years.
  • Works for hire or anonymous/pseudonymous works: 95 years from publication or 120 years from creation, whichever is shorter.
  • Older works: Duration varies; works published before 1929 are in the public domain as of 2025.

Fair Use: When Can You Use Copyrighted Material?

"Fair Use" allows limited use of copyrighted material without permission under specific conditions, such as:

  • Education & Research
  • News Reporting
  • Criticism & Commentary
  • Parody

To determine Fair Use, courts consider:

  1. Purpose (commercial vs. educational)
  2. Nature of the copyrighted work
  3. Amount used
  4. Effect on market value of the original work

Public Domain & Creative Commons

  • Public Domain: Works that are no longer under copyright and can be freely used by anyone.
  • Creative Commons (CC): A licensing system where creators allow certain uses of their work under specific conditions.