In order to assist the BYU-Idaho community, these resources go into a more in-depth understanding of copyright and provide additional resources for personal study and use.
We have been commanded to "seek learning, even by study and also by faith" (D&C 88:118). As such, it is encouraged to ask questions and seek truth to answer these questions. Here are resources to aid in personal study about copyright matters. We encourage the University community to first use these resources when researching. However, these are not the only useful tools available for use. Please use wisdom and consideration when searching for answers online to find correct and accurate information.
Please contact the Intellectual Property Rights Specialist for more information or to ask specific questions. The Intellectual Property Rights Specialist's role is to assist in providing guidance and clarity in copyright matters.
FREQUENTLY ASKED QUESTIONS
Copyright Basics
Copyright protects original works fixed in a tangible medium. Works protected include literary, dramatic, musical, and artistic works. It does not protect facts, ideas, systems, or methods of operation.
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Plagiarism is taking a person’s work and claiming it is your own. Copyright infringement is using a person’s work without permission from the person. Both are illegal and dishonest.
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DMCA is an organization that investigates copyright infringement cases. It is a case-by-case penalty, but common penalties are paying for the copyright use and/or taking down the copyrighted material. It is up to the discretion of the person being infringed upon and the level of infringement.
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This is dependent on the publication date for the work created. As a general rule, works owned by a person last the life of the author and then seventy years after that. Copyright may be renewed for some works, again depending on the year of publication.
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Many countries, including the United States, belong to the Berne Convention or the Universal Copyright Convention. As such, most works created in other countries can be protected by the U.S. copyright law. Works created outside the U.S. are still subject to the copyright law of their country.
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Using Works from Others
Placing copyrighted material on the internet does not give permission to duplicate or redistribute the material.
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Ownership of a copyrighted protected work does not give you the rights as the owner of the copyright. You may own a copy of a work without owning the copyright of the work.
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All copyright applies to all media, whether found digitally or printed. Permission must be sought before using any copyrighted works.
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The classroom exemption section does allow for some use of copyrighted material. But this is the exception, not the rule.
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One of the four factors of fair use is amount, but that does not automatically make your use fair use. You must do a full fair use analysis before claiming fair use.
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Copyright is any original work fixed in a tangible medium and is automatically protected by copyright from the moment of creation. It is best to assume a work is copyrighted and then research if the copyright exists or has been renewed.
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You may research the owner of a copyrighted work through the U.S. Copyright Office records.
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You may ask for it. You can ask the owner of the work directly or work through the U.S. Copyright Office. If you are part of the BYU-Idaho community, you may ask the Intellectual Property Specialist.
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My Copyright
A work is automatically considered to be copyrighted once it is expressed in a tangible medium. Registration is a voluntary action. However, there are benefits to registering a work, such as proof of ownership.
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There are forms with the U.S. Copyright Office that can be filled out online or in-person to register your copyright.
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When your personal work is being infringed on, you may file a civil lawsuit at a local district court. You may also contact BYU-I's Intellectual Property Rights Specialist for help concerning this.
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Do not ignore a copyright infringement notice. It can only make the problem worse. The best course of action will be to seek legal counsel of some sort. You may contact the BYU-I Intellectual Property Rights Specialist about this and they will help you.
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Additional Resources
We need to enhance our understanding of copyright principles to determine how to appropriately apply them in our teaching and learning. Use these resources for personal research into copyright.