Copyright is a set of laws and regulations that govern how texts, images, sounds, and other creative works can be used. This might sound like there are clear rules, but things can be complicated. The "rules" are often more like guidelines. Here's what you need to know*:
- Copyright only applies to the documented version of something. Ideas can't be copyrighted but creative works, dances, designs, and a lot of other things can be copyrighted.
- Works created before 1923 are in the public domain. This means that no one owns the copyright anymore and you don't need to seek permission to use the work. All materials created by the United States government are in the public domain, too.
- Important note: You may notice while searching online that some images or audio files appear to be under copyright protection. For example, Getty Images and other stock photo companies offer pre-1923 content for sale. This doesn't mean that they own the copyright of the original. It means they have the copyright or license for a digital version of the original. They might try to sell you an image of Aubrey Beardsley's illustrations of Oscar Wilde's works (all created before 1898), but you can often find digital copies from other sources (such as archives and libraries) that are not under copyright protection.
- Some materials created after 1923 are licensed under Creative Commons, which means you have a lot more freedom to use things without seeking permission from a copyright holder. These are marked by a circle with CC written or an explicit statement about how you can use materials.
- Fair use is a set of guidelines that allow you to use copyrighted materials without seeking permission if certain criteria are met:
- You can only use part of a work and that part has to be small. For example, you can quote from a scholarly article or recent book but not reproduce the entire thing online.
- You're using the work for educational purposes, critical commentary, or to create a parody.
- You're not affecting the value of the material. For example, if you posted a set of images from someone's online art gallery for free, you might affect the ability of the artist to profit from their work.
- Facts and ideas cannot be copyrighted.
For further information about copyright, we recommend the US Copyright Office's website.
* These guidelines only apply in the United States. Other countries have different rules.
** Image: An 1887 portrait of Lev Nikolayevich Tolstoy, also known as Leo Tolstoy, by Ilya Yefimovich Repin. Image via Wikicommons.
