Copyright & Fair Use

Copyright is a form of protection for “original works of authorship fixed in any tangible medium of expression.”This means the work must be original and must exist in some physical form. And digital products and files count as physical forms under the law. No registration or copyright notice is required.

Any work published prior to 1927* is in the public domain, meaning that no one owns the copyright on it, it is literally in the domain of the public. That means that users of material in the public domain to not have to ask for permission to re-use a work.

For works published between 1927 and 1963, the copyright must have been renewed in order to be protected for 95 years from date of publication. If it was not renewed, the work is now in the public domain. Additionally, if the author deems the work public domain, it will exist as such.

*this cutoff year will increase by one every January 1 for the next 50 years.

Internet content
There is a persistent myth that everything on the Internet is in the public domain. This is not true. Copyright protects virtually all written content, images, audiovisual recordings and other such works that are primarily digital. Copyright notice is not required.

Duration of copyright content
Copyright protection begins the moment the work is expressed in tangible form. For works by an individual, the protection lasts for the life of the author plus 70 years. For works created anonymously or for hire, protection lasts 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

Rights of the copyright owner
Generally, you own copyright to your creation, except:

1. When you are an employee who creates the work in the course of your employment;
2. When you work for someone as an independent contractor and you have signed a written agreement stating the work is “made for hire;” or
3. When you have sold or transferred the entire or partial copyright.

Subject to certain limitations, the owner of copyright can do the following:

1. Reproduce the work;
2. Prepare derivative works;
3. Distribute copies of the work for sale to the public or transfer of other ownership, or by rental, lease or lending;
4. Perform the work publicly or by means of digital audio transmission; and
5. Display the work publicly.

Use of copyrighted material
You can use copyrighted materials when:

1. The content is in the public domain;
2. You are the copyright owner;
3. You have permission from the copyright owner; or
4. Your desired use under the concept of Fair Use.

“Fair Use” is an often misunderstood concept. Fair use allows for the use of copyrighted work that is owned by another person or entity without having to get permission of the copyright owner. Fair use is a defense, not a right, and someone who is accused of infringement of copyright cannot automatically escape legal action by claiming “fair use”. Under US copyright law, there are four-factors of analysis to determine whether a use of copyrighted work was “fair use” .These factors are:

1. The purpose and character of the use;
2. The nature of the copyrighted work;
3. The amount and substantiality of the work used; and
4. The effect of the use on the market value of the work.

For more information, see the University System of Georgia’s Fair Use Checklist or check the U.S. Copyright Office’s Fair Use Index to determine if your desired use of a copyrighted material is “fair use”. The scholarly communication librarian can answer questions and provide information about fair use, contact Fred Rascoe. If you have a legal question about copyright and fair use pertaining to your work here at Georgia Tech, please contact legal.gatech.edu.

Copyright infringement includes the use of works protected by copyright law without permission in which you infringe upon certain rights granted to the copyright holder. Examples include:

1. Using someone else’s copyrighted content on YouTube without permission;
2. Using copyrighted pictures from Google Images in your own work; and
3. Publishing a translation of someone else’s work.

Ramifications for copyright infringement can include criminal or civil legal action from the copyright holder, plus consequences from violation of the Georgia Tech Student Honor Code, IP policy, and work rules.

Until recently, most copyright cases had to be decided in federal court. However, The Copyright Claims Board (CCB) was established by law in 2020, to begin reviewing claims in 2022. The purpose of the CCB is to allow copyright holders to bring small infringement claims without having to go to federal court. It is relatively inexpensive to file a claim via the CCB, as opposed to the much greater expense of filing in federal court. Infringement claims brought to the CCB have an award cap at a maximum of $15,000 per infringement, or $30,000 total. You can find out more about the CCB here: https://ccb.gov/faq/

The following is informational only and does not constitute legal advice.

What if I receive a claim notice from the CCB?
If you receive a notice of an infringement claim from the CCB, it does not necessarily mean that you have committed an infringement. It means that someone is claiming that you have infringed their copyright. There are many legally protected ways to reuse copyrighted material in copyright law, including many exceptions for teaching, research, and educational purposes.

Initial notices of infringement claims will be delivered in Georgia in person. They will not come via email. Subsequent claim reminders may come via email.

If you receive a notice that a claim has been filed against you, do not ignore it. If you have received this notice in the course of your work activity at Georgia Tech, please contact Georgia Tech Legal Affairs. If you received a notice for an infringement for activity outside of Georgia Tech, consider contacting an intellectual property lawyer.

Persons who receive a claim notice from the CCB have two options.
Option 1) Respond (in writing or via the online form) within 60 days by agreeing to participate in the CCB's proceedings. In this case a board of three copyright officers, appointed by the Librarian of Congress, will hear the case. Cases are heard remotely online. Attorneys are not required, but are allowed.

Option 2) Opt out of having your case heard by the CCB. You have 60 days to choose to opt out of participating in the CCB process. If you choose to opt out, there are no penalties. The person bringing the claim against you would have to file a claim in federal court instead if they want to continue to take action against you.

Please note, if you ignore the notice, your claim will proceed in the CCB process, and the CCB will determine the outcome. The CCB could deliver a default award which you would be bound to comply with.

If you are a librarian or archivist at Georgia Tech Library, the institute has already opted out of CCB court proceedings on behalf of the Library and its employees.

What if my work has been infringed, and I want to file a claim?
If you own a copyright that you feel has been infringed, you can file a claim via the eCCB claim filing site. The cost to file a claim is a total of $100 ($40 for the initial fee, and an additional $60 if the claim becomes active).

Please note that this is a new system, and rules and policies of the CCB are still developing. Check back for updates, and check the Copyright Claims Board official website for the most up-to-date information.