How Do I Know If I Am Infringing on Copyright?
- 1). Find out if the work you are using is copyrighted -- most likely, it is -- by checking to see if there is a copyright noticed attached to the work. For example, you will find copyright notices in books and on music covers. However, please note that copyright notice is not required as a condition of copyright protection. All work is copyrighted automatically, so assume the work is copyrighted unless you have evidence proving otherwise, such as an expired copyright.
- 2). Find out if the work you are using is in the public domain. According to the U.S. Copyright Office, works that are not copyrighted or are no longer under copyright protection are called "works in the public domain." For example, works created after January 1, 1978, are only under copyright protection during the life of the author plus another 70 years. Additionally, if the author's identity is unknown, such as in the case of an anonymous publication or pseudonymous work, the copyright is 95 years from the date of publication or 120 years from its creation, whichever occurs first. The copyright duration for works created before 1978 depends on a number of factors, as outlined in Chapter 3 of the Copyright Law of the United States of America (copyright.gov).
- 3). Determine whether your use of the work is considered fair use if the work is still under copyright. According to the U.S. Copyright Office, you can use a portion of someone else's work without getting permission if your use is considered fair use. Under the fair use doctrine, it is permissible to use small portions of someone else's work for commentary or criticism, such as using quotes in a document or article. Other instances of fair use may exist but the law is very gray, and fair use is determined by the courts on a case-by-case basis. Before using someone else's copyrighted work under the guise of assumed fair use, consult with an attorney who specializes in copyright law.
- 4). Obtain written consent and permission from the author or copyright owner to use the work. If you do not know who the owner or author is, the U.S. Copyright Office can do a search of its records for you for a fee, or you may search yourself online at copyright.gov.
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