Copyright

It is important to understand copyright in order to protect yourself and your intellectual property in research, teaching, or general academia. Copyright can appear in many ways in your journey through academia, such as in researching, teaching, and publishing your very own intellectual property!

The sections below will go over the basics of copyright, how to use copyrighted material, and how it may apply to your own works at UW.

What is Copyright?

Copyright is a type of intellectual property that protects original works of authorship once it is fixed in a tangible form of expression. The purpose of copyright is to give authors exclusivity rights to their works, which includes:

• Reproductions of the work
• Any derivatives of the original work
• Public distributions of physical or electronic copies of the work
• Any performances of the work
• Any public displays of the work

Not everything is copyright protected! The following things are NOT under copyright:

• Facts
• General Ideas/Creativity (Creative works can be copyrighted, but creativity cannot!)
• Inventions (Inventions are protected by patents, a different type of intellectual property.)
• Names, Titles, Catchphrases, or Short Phrases (These are covered under trademark law, a different type of intellectual property.)
• Common Symbols/Designs like $, &, ►, and © (These could also be covered under trademark law.)

Generally, copyright protections last for the lifetime of the creator plus seventy years after death. The purpose of copyright laws is to protect creators and promote creation in the US! If you are using someone else’s work, you’ll need to evaluate if you have the right to use it and if you may need permission.

 

Use of Copyright Material

There are many facets and exceptions to the use of copyrighted material. For academics, reporters, teachers, and librarians, the use of copyrighted material can be covered under Fair Use when certain requirements are met! Fair Use is determined by four factors of equal weight:

• Factor 1: Purpose of the Use
• Factor 2: Nature of the Copyrighted Work
• Factor 3: Amount or Substantiality Used
• Factor 4: Effect of Use on the Value or Potential Market of the Work

Sometimes, the copyright holder(s) may help you understand how their works can be used! Some copyrighted works could have a creative commons license like the one shown below. Creative Commons (CC) is a non-profit organization dedicated to making it more transparent on how copyright works can be used and shared. All kinds of works, from academic papers to movies, can apply for a CC license.

When Others Own Your Works

From the moment your intellectual property is produced in a physical form, your work is copyrightable. Under the University Handbook, Volume Four, Part V, Chapter 7, Section 2A, all copyrightable materials, including scholarly works, are retained by UW faculty, staff, and students EXCEPT in the following situations:

• Work Made for Hire
• Conditions within Grants or Contract Funding
• Works created using UW service centers
• Copyright ownership is transferred to a third party

There will ALWAYS be exceptions to these rules, so make sure you check with your department and/or supervisor for who owns the rights to your work at UW.

Additionally, consider the conditions of journal publications if you plan to publish. This is one of the common ways academics have transferred their copyright ownership to publishers and third parties. This could become an issue when graduate students later compile published papers for PhD dissertations. It’s not an insurmountable problem, just something to be aware of! When it is time to publish, consider scheduling an appointment with the Open Scholarship Commons to review publishers and their publishing contracts. Additionally, you can visit our library guide on Journal Contract Basics or our guide on Using Previously Published work in ETDs.

 

You Are Not Alone!

UW Libraries have many resources that can help you understand and learn more about copyright and other forms of intellectual properties. The following list are resources that may help you through your academic journey related to copyright.

• Guides:
  • Library Research Guide: Scholarship Publishing
  • Library Research Guide: Electronic Theses and Dissertations (ETDs)
  • Library Research Guide: Copyright
  • UW Copyright Resource
• Resources:
  • Open Scholarship Commons
  • Scholarly Publishing Services
• Schedule to speak with the copyright librarian OR use the “Ask Us” function on the UW libraries website.