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This guide was created by library faculty in consultation with CUNY's Office of General Counsel and is intended to support the CUNY community in making independent, informed decisions about copyright compliance and educational fair use.
Copyright is a form of protection granted by U.S. law to the creators of “original works of authorship” including scholarly and creative works. It gives creators certain exclusive rights. Creators do not have to register their work or attach a copyright notice in order for copyright protection to apply to the work; the protection exists automatically from the time the work is created.
Fair use is a limitation on the exclusive rights of a copyright holder. If a proposed use meets the “fair use” criteria, and the user hasn’t agreed to abide by other terms—such as through a license agreement or a website’s terms of use—a copyrighted work may be used without permission.
Copyright protections apply to both scholarly and creative works that you create and works that you use.
If you want to use a work for a project or class, and are unsure if you need permission from the copyright holder, you can consult this checklist created by the CUNY Office of Legal Affairs and read about the copyright exceptions (like "fair use") in the FAQ section on the right side of this page.
Even though copyright protections are automatic, there is also a lot of multi-media and educational content available for reuse. In cases where an individual wants to make a work they created available for others to use, they may opt to use a Creative Commons license that specifies exactly how others can use their work. The Creative Commons search widget on the right side of this page will let you search for reusable multimedia content. Scholars can also opt to publish their works in Open Access journals or negotiate with publishers to retain some rights to their work.
What can you do to make your own work available? You can license your own scholarly and creative work through Creative Commons or use an author addendum before agreeing to a restrictive publication agreement.
Have more questions and not finding answers here?
Reach out to your campus library!