DVU Copyright Policy

• Copyright protects the expression of ideas, not ideas themselves. It protects original works of authorship fixed in a tangible form – originality is key.

• Titles, names, short phrases, slogans, mere listing of ingredients/contents, ideas, concepts, principles, and blank forms are not protected by copyright. While works that are not tangibly- fixed, such as a dance recital, are not protected by copyright, a video of that dance recital is fixed in a tangible medium of expression and is protected by copyright.

• Copyright provides the owner with the exclusive right to reproduce/distribute/perform/display the work and to prepare derivative works (new versions incorporating substantial and creative changes) based thereupon.

• In general, for works created after January 1, 1978, copyrights last until 70 years after the author’s death. For works made for hire, copyrights last, 95 years from first publication or 120 years from creation, whichever is shorter.

• For works published before January 1, 1978, contact Legal as the copyright term will depend on when the work was published and whether a federal copyright was obtained at the time.

• Copyrights vest at creation, and federal registration is not required unless and until we may want to initiate an infringement suit, but does provide certain benefits:
  • establishes a public record;
  • permits the victim of infringement to recover statutory damages and attorney’s fees(rather than just actual damages and profits) in some circumstances;
  • provides prima facie evidence of a copyright’s validity if it is registered within 5 years of publication; and
  • can be recorded with U.S. Customs for protection against importation of infringing copies.

• The complete work must be deposited with the copyright office within 3 months of publication. If copyrighted source code for computer programs is longer than 50 pages, only the first and last 25 pages must be deposited. You can also block out certain trade secret portions of source code.

Knowledge Base search a series of commonly asked questions by topic keyword or course number

Telephone a librarian at 800-293-3044