Copyright Issues in Teaching with Technology

Duration of Copyright
How can you tell if a work is covered by copyright or has passed into the public domain? The answer varies, depending upon when the work was created, whether ownership resides with an individual or an employer or legal entity (a “work for hire”), and whether the work was published. Publication occurs when a work has been duplicated and distributed (e.g., handouts in a class or conference session), or when copyright ownership has been transferred for the purpose of publication. The public performance or display of a work with no copies made does not constitute publication.

Laura Gasaway’s web site is an excellent reference for determining when works pass into public domain. In essence, it illustrates that the earliest that an eligible work created since January 1, 1978, published or unpublished, could possibly fall into public domain is the year 2048, by which time most of you will be cashing in your retirement annuities. Published works dating from 1964-77 will not fall into public domain until at least 2059. Our point is that unless a work is quite old, its copyright protection probably still exists, and any use of these materials beyond those specifically authorized by the copyright law or covered by applicable guidelines (see discussion below) likely will require permission. The fact that a book is out of print and the copyright holder cannot be located does not waive its copyright protection, although it makes the case for fair use more compelling.

Previous | Contents | Next