Intellectual property is “creations of the mind” (World Intellectual Property Organization). They result from your hard work developing new technologies, products, and information. Intellectual property is protect by patents for new inventions, trademarks for product logos and symbols, and copyright for creative, artistic, and intellectual expression. These protections give the creators of intellectual property certain legal rights for the use of their creations.
In information literacy, we are concerned with copyright because it protects authors, artists, and musicians which represents the majority of the materials we will use in academic research. Copyright is not something for which you need to apply. It is granted automatically when your creations is "fixed in a tangible medium" (U.S. Copyright Office). That means when you finish writing your research paper, it is protected by copyright. When you hit "post" on a blog entry, it is copyrighted. When you snap a picture, it is copyrighted. If you have the world's best song in your head, it is not copyrighted until you record it.
Copyright allows the copyright holder to make money from the work, create derivative works, and perform the work in public among other things, and it gives them legal protection from those who would use their work without permission to do so (U.S. Copyright Office). Violating copyright is breaking the law, and you can be sued damages!
Copyright can be assigned to others. If you wrote an article about the research you did on Western Tanagers and want to get it published in a prestigious biology journal, you may have to give your copyright to them in order to get your article published in their journal. All the protections and privileges of copyright pass to the publisher's of the journal.
"[Y]ou grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating)" (Twitter Terms of Service).
Copyright law would imply that if you wrote a paper with 10 different citations that you would need to contact the authors of all of those works and ask them for permission to quote or summarize from their works. However, there is an important limit to copyright called fair use. It is fair use that allows you to write your research papers without having to seek permission for every quote in your paper.
To discover if your use of a copyrighted work is fair, you apply the 4 factors from fair use, weighing their impact collectively, and make a judgement as to whether your use of someone else's material leans toward the "fair" side of the scale. The four factors are:
When evaluating whether your use of another's work is fair, you must examine all four factors. The purpose of the use is how you intend to use the works of others. If you want to quote an author in your research paper, that favors fair use, but if you want to make money from someone else's work, that favors copyright and you would need to get permission and perhaps pay a licensing fee to use it.
Watch both of the videos to the right to improve your understanding of copyright, fair use, and plagiarism.
Read through these few examples of plagiarism versus copyright from Auburn University to deepen your understanding. Then read this story about a university president and answer the poll below.
“More Information on Fair Use.” U.S. Copyright Office, https://www.copyright.gov/fair-use/more-info.html. Accessed 23 July 2021.
Twitter Terms of Service. https://twitter.com/en/tos. Accessed 23 July 2021.
U.S. Copyright Office. Circular 1: Copyright Basics. U.S. Copyright Office, Dec. 2019. Zotero, https://www.copyright.gov/circs/circ01.pdf.
World Intellectual Property Organization. About IP. n.d., https://www.wipo.int/about-ip/en/index.html.