Copyright is a form of protection afforded under the U.S. Constitution and federal law to “original works of authorship” that are fixed in a tangible form of expression (e.g., written down, audio recorded, videotaped, etc.). These works include literary, dramatic, musical, artistic, pictorial, and other intellectual works. Copyright essentially covers any work that is creative and recorded in some physical medium, regardless of whether the work is published or unpublished.

• Literary works (books, articles, plays, etc.)
• Dramatic works (plays, poetry, etc.)
• Musical works (sheet music, lyrics, etc.)
• Artistic works (paintings, drawings, etc.)
• Pictorial, graphic and sculptural works (photographs, blue prints, maps, sculptures, etc.)
• Pantomimes and choreographic works
• Movies and other audiovisual works
• Sound recordings
• Architectural works
• Software

• Facts, ideas and concepts
• Titles, names, short phrases, slogans, symbols (these may be subject to trademark protection)
• Mere listings of ingredients or contents
• Procedures, methods of operation, principles, designs, formulas, discoveries, and devices (these may be subject to other IP protection such as patent or trade secret)
• Works consisting entirely of common property, containing no original authorship (e.g., tape measures and rulers, lists or tables taken from public documents or other common sources)
• Works created by the U.S. government
• Works that have not been fixed in a tangible form of expression (e.g., choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

Under U.S. copyright law, a copyrightable work is protected from the moment the work is created and fixed in a tangible form. No registration or publication is required. However, there are important benefits to registering a copyright. These include giving others notice of the copyright and making it easier to license the work, collect royalties, and enforce ownership rights. Copyright registration is also required to bring a lawsuit for copyright infringement and obtain certain kinds of damages or fees in court. A copyright typically lasts for the life of the author/creator plus an additional 70 years for anything created after 1978. For an anonymous work or work for hire, the copyright lasts for 95 years from the date of first publication or 120 years from the date of creation, whichever expires first. For works published before 1978, the term may vary depending on the specific circumstances.

Copyright law only grants the owner of a creative work certain exclusive rights for activities within the United States. A creator who wishes to obtain copyright protection in other countries must file for protection and/or meet the requirements for such protection in any other countries in which protection is sought.

The rights provided to copyright holders under the Copyright Act are exclusive, meaning they give the holder the exclusive right to make, reproduce, and distribute copies of the work, prepare derivative works, as well as perform or display the work publicly. However, there are some exceptions under copyright law that allow works to be used without violating these exclusive rights. These exceptions include, among others:

• Face-to-face teaching
• Distance learning (TEACH Act)
• Fair use

Additional exceptions not discussed here include the statutory exception for libraries and archives as well as where necessary to ensure access for those with disabilities. Many works have also been dedicated to the “public domain,” meaning that they may be used without violating a copyright holder’s rights. Please contact the Fulton Library or our Office with any questions.

The Copyright Act includes a face-to-face teaching exemption, which allows instructors to perform or display copyrighted works (e.g., films, writings, etc.) in class without violating the copyright holder’s rights. The exemption does not include the right to make or distribute copies of, or make derivative works based on, the copyrighted works or the right to use the works outside of the classroom setting.

Face-to-Face Teaching Requirements

To qualify for the face-to-face teaching exemption, the following must apply:

• The copyrighted work must be lawfully obtained;
• The institution must be a non-profit, accredited educational institution;
• The work must be used for instructional purposes; and
• The instruction must take place in a class or similar face-to-face instructional setting.

If these requirements are met, then copyrighted works may be displayed or performed in the classroom. This means, for example, that students and instructors can watch movies, perform scenes from a play, or display photographs of artistic works within the classroom for educational purposes without first obtaining permission or a license. This exemption does not apply to other uses of the copyrighted works (e.g., copying or distribution) or to uses outside of the classroom setting. In such cases, other exceptions, such as the TEACH Act or Fair Use, may apply depending on the specific facts and circumstances.

The Technology, Education, and Copyright Harmonization (“TEACH”) Act of 2002 was enacted as a way to support online education and balance the needs of distance learning with the rights of copyright holders. The TEACH Act made copyright laws and requirements for distance learning similar to those for face-to-face teaching, though there are still some significant differences. The TEACH Act permits educators and students to transmit performances and displays of copyrighted works as part of a distance learning course if the requirements of the TEACH Act are met. Any distance learning activities outside the protections of the TEACH Act need to have permission or qualify for another exemption (e.g., public domain, fair use, etc.).

TEACH Act Requirements

The TEACH Act requires that academic institutions meet a variety of requirements in order for its exemptions to apply. These requirements ensure that the copyrighted works are being used in a permitted manner and that the academic institution has sufficient policies and practices in place for copyright compliance and education. These requirements include, among others:

• The institution must be a non-profit, accredited educational institution;
• The use of copyrighted materials must be provided at the professor’s direction during the relevant lesson;
• The copyrighted materials must be directly related to the content being taught and of material assistance to teaching the content;
• The work may be displayed only in an amount comparable to what would be seen in a live class (e.g., does not cover materials students would be expected to review or study on their own);
• Access to the copyrighted materials must be limited to students enrolled in the particular class (e.g., the materials are not available to the general public or those not currently enrolled in the class);
• The copyrighted works used are not those specifically excluded from coverage under the TEACH Act, including: materials specifically marketed for classroom use for distance learning, textbooks, coursepacks, electronic reserves and similar materials typically purchased by students;
• The professor may not make copies of the copyrighted works other than the one needed to make the online transmission (e.g., the copy needed to be able to create the digital work);
• The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials; and
• The institution must implement technological measures to ensure compliance with copyright law and policies.

Materials permitted to be used under the TEACH Act include:

• Entire performances of nondramatic literary and musical works;
• Reasonable and limited parts of a dramatic literary, musical or audiovisual work; and
• Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching.

A public domain work is a creative work that is not protected by copyright and that may be used without violating copyright law. Individuals are able to use such works without obtaining permission or a license to use the work.

Works within the public domain:

• As of January 1, 2022, all works published in the United States before 1927;
• The copyright for the work has expired or been forfeited (e.g., the copyright term has expired or not been renewed, copyright notice was not provided, etc.);
• The copyright owner dedicates the work to the public domain; or
• Copyright law does not protect the work (e.g., work created by federal employees, facts or ideas, etc.).

There are many sources of public domain work. Below is a list of some potential sources, though users should confirm that a work is dedicated to the public domain before using.

Third Party Links:

• Project Gutenberg
• The Universal Library
• Federal Government Materials
• Free Music Archive
• Mutopia Project
• Open Music Archive
• Museopen
• Flickr Commons
• Pixabay
• Pixlerockstar

Music is protected under copyright law and is one of the most difficult types of creative works to license. This is due to the multiple layers of rights for each song. First, under copyright law there are two different copyrights that must be considered, the copyright in the musical composition and the copyright in the sound recording. Second, the owner of each copyright then holds exclusive rights to reproduce, distribute, publicly perform, publicly display, and prepare derivatives of the work. These exclusive rights are subject to certain exceptions and limitations. Please refer to the UVU Copyright Decision Tree as you make an informed decision about whether using another's work is legal under copyright law. If a music license is required, the following two tables will identify the party that owns or controls the rights. Please contact our Office with any questions.

• Music Licensing - Musical Compositions (Notes & Lyrics)
• Music Licensing - Sound Recordings

License for Performance Rights

The performance or playing of copyrighted music on campus typically requires that the University have licenses with Performing Rights Organizations (“PROs”) such as ASCAP, BMI, SESAC, SoundExchange, or GMR. These PROs distribute money derived from the licensing fees to the songwriters, musicians, and publishers of the copyrighted works. If a license exists between a particular PRO and the University, any of that PRO’s collection of songs can be played on campus.

Other Music Licenses

Depending on the nature of the activity, a basic PRO performance rights license may need to be supplemented with other licenses. For instance, the University may need to add a license for grand rights, which grants permission to perform music in staged works, such as plays, musicals, or operas. These rights can be negotiated for certain works by contacting organizations such as the Tams-Witmark Music Library, Inc., the Rodgers & Hammerstein Organization, Music Theatre International, and Samuel French, Inc. Otherwise, it may be necessary to reach out to the individual copyright owners, publishers, or writers to negotiate the fees for the right to perform their works on stage.

If streaming copyrighted music via certain digital transmissions, including satellite radio, non-interactive internet radio, cable TV music channels, and similar platforms, the University will need a streaming license. SoundExchange usually is responsible for collecting and distributing these royalties on behalf of recording artists, master rights owners, and independent artists.

If incorporating copyrighted music into a visual or multimedia product, the University may need to acquire a synchronization license. This scenario most often arises when creating commercials, marketing materials, or YouTube videos. This type of license is usually obtained from publishing companies directly. In a limited number of cases, these licenses may be available from Stockmusic.net, Getty Images, GreenLight Music, and The Music Bed Company.

If reproducing and distributing copyrighted songs on CDs, records, tapes, ringtones, permanent digital downloads, or interactive streams, the University will need a mechanical license. These usually are acquired by contacting the Harry Fox Agency, which is owned by SESAC.

Exceptions to Music License Requirement

There are four main exceptions when a music license is not required:

• Under the Face-to-Face Teaching Exception, an instructor may play copyrighted music when doing it in a class or similar face-to-face instructional setting.
• The TEACH Act of 2002 allows for lawfully obtained copies of musical works to be played during online instruction if the other requirements of the TEACH Act are satisfied.
•  In limited situations, portions of a song or musical compilation, but generally not an entire work, can be performed on campus under Fair Use if the use is sufficiently transformative (e.g., a parody of a song with different words to the same tune).
• No license is needed to play music that is in the public domain, which generally includes music published in 1927 or earlier. However, a performance of an old musical work, like a recorded song by an artist might bear a different, more recent copyright date. Sometimes creators of musical works will also place their works in the public domain or grant the public use of them with a royalty free license (like a Creative Commons License). There are websites that list such songs.