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CC0 Image Portals (and liberally licenced image portals)

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Pearltrees lets you organize everything you’re interested in

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Search over 700 million free and openly licensed images, photos, audio, and other media types for reuse and remixing.

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Silvia Rosenthal Tolisano's Copyright Flowchart 

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Silvia Rosenthal Tolisano's Copyright Flowchart 

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A Copyright-Friendly Toolkit - For makers and other media creators (by Joyce Valenza) by joyce valenza

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Canva is an extremely intuitive and easy to use program to create beautiful graphics and designs for all of your educational needs.

You can sign up for a free Educator account, and will have access to thousands of design elements. They also provide information on how you can use each element (pictures, graphics, templates) without fear of copyright infringement.

Teachers can also connect their students and create meaningful student portfolios.

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Looking deeper into Copyright through the years

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"Congress shall have the Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

- United States Constitution, Art. I, Section 8

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"Congress shall have the Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." - United States Constitution, Art. I, Section 8

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More information for students about Copyright (printable)

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Copyright and Fair Use Guidelines for Teachers 

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Copyright and Fair Use Guidelines for Teachers 

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More great information on how to use materials in the classroom.

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published on

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License: all-rights-reserved

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Library: Copyright in 90 Seconds by denisonuniversity

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As one of the nation's leading liberal arts colleges, Denison University boasts generations of students who can attest to its effect on their lives. Each would cite a different reason. And they'd all

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If you're interested in diving deeper into Copyright Law, this flowchart is a good place to start.

Copyright Navigator A Digital Annotated Concept Map of the Fundamentals of U.S. Copyright Law by Lionel S. Sobel, Professor, Southwestern University School of Law
Editor, Entertainment Law Reporter

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Are you using images under fair use?

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DIRC Home Principles and Definition Advisory Notice VRA Home

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A Printable Checklist

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Is a work covered under copyright (based on its publication date)?

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This tool is designed to provide accurate and authoritative information with regard to the subject covered. This information is given with the understanding that neither the American Library Association, the ALA Office for Information Technology Policy nor Michael Brewer are engaged in rendering legal, copyright or other professional advice.

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The U.S. Copyright Code provides for the educational use of copyrighted material without the permission of the copyright holder under certain conditions. To find out if your intended use meets the requirements set out in the law, use this free, online tool. [disclaimer]

This tool can also help you collect information detailing your educational use and provide you with a summary in PDF format. [example]

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The U.S. Copyright Code provides for the educational use of copyrighted material without the permission of the copyright holder under certain conditions. To find out if your intended use meets the requirements set out in the law, use this free, online tool. [disclaimer]

This tool can also help you collect information detailing your educational use and provide you with a summary in PDF format. [example]

This tool is valid for those uses that meet the requirements and which take place within the United States. In other countries, the copyright law of those countries is in effect. Because of international copyright agreements, copyrighted materials from other countries are afforded the same protections and are subject to the same exceptions as materials created here. As such, the national origin of a copyrighted work has no bearing on these educational exemptions as long as the course in which they are used takes place in the U.S.A.

THIS TOOL IS:
Intended as a source of information for educators & others to better understand the educational exemptions available in the U.S. Copyright Code.

THIS TOOL IS NOT:
A source of legal advice. Results are only as good as the input provided by the user and are intended to suggest next steps, and not to provide a final judgment. Neither the American Library Association, the ALA Office for Information Technology Policy nor Michael Brewer are engaged in providing legal, copyright or other professional advice.

A legal copy is one that was legally obtained (purchased from a reputable vendor, checked out from a library, etc.). A duplicate copy (made from a colleague's copy, downloaded off the internet, taped from television or radio, etc.) would generally not be a legal copy. If you are unsure of whether or not your copy is legal or was legally obtained, you should check with a librarian or a copyright specialist.

This exemption covers what is normally an exclusive right of the copyright holder - the right to display or perform a copyrighted work. Examples of this might be displaying copyrighted photographs, images or text in a PowerPoint presentation; screening an entire film or clips from it; playing or performing a musical, dramatic or choreographed work, etc.

Examples of "displaying" could include posting copyrighted photographs, images or a limited amount of text (e.g. text on a PowerPoint presentation) on a secure course webpage. Examples of "performing" could include providing access to streaming video or audio through a secure course management system. Note: Posting copyrighted articles, book chapters, or other lengthy excerpts of text in a CMS would not be covered by the TEACH Act [Section 110(2)], but would likely be covered by Fair Use [Section 107]. For more information, see the Fair Use Evaluator.

"Mediated" here means that the course has an instructor involved in directing it. However, [TEACH] "is not intended to require either constant, real-time supervision by the instructor or pre-approval by the instructor for the performance and display. Asynchronous learning, at the pace of the student, is a significant and beneficial characteristic of digital distance education and the concept of control and supervision is not intended to limit the qualification of such asynchronous activities for this exemption " (Senate Report (107th Congress 31).

The course may be entirely online, or may be a traditional course that has some instructional activities that take place virtually. While this is not specifically noted in the law one way or another, it is specifically mentioned in the Senate Report (107th Congress 31) in the purpose statement "For our nation to maintain its competitive edge, it will need to extend education beyond children and young adults to lifelong learning for working adults, and to reach all students of all income levels, in cities and rural settings, in schools and on campuses, in the workplace, at home and at times selected by students to meet their needs. Distance digital education helps make this possible, whether in the traditional sense, when instructor and student are separated in place and perhaps in time, or in new hybrids of traditional classroom education combined with online components."

The display or performance of the work may take place virtually at the same time for all students and the instructor (synchronous), or may take place at different times (asynchronous). While this is not specifically noted in the law one way or another, it is specifically mentioned in the Senate Report (107th Congress 31) in the purpose statement "For our nation to maintain its competitive edge, it will need to extend education beyond children and young adults to lifelong learning for working adults, and to reach all students of all income levels, in cities and rural settings, in schools and on campuses, in the workplace, at home and at times selected by students to meet their needs. Distance digital education helps make this possible, whether in the traditional sense, when instructor and student are separated in place and perhaps in time, or in new hybrids of traditional classroom education combined with online components."

Access to the online display or performance of any materials under this section must end when the course ends.

An example might be online materials (podcasts, assignments, video clips) produced specifically for courses designed for professionals (medical professionals, lawyers, etc.) who are required to complete a certain amount of continuous learning or professional development to remain certified.

For example, the instructor could direct a teaching assistant (e.g. as part of an online discussion) or student (e.g. as part of an assignment) to post content that would be covered by this exception. An example that would not be covered might be students using the course management system to share music files, photographs, or other copyrighted material that were not directly related to course assignments.

For example, does it directly support an identified learning outcome or is it required for the completion of an assignment or other activity on the course syllabus?

Examples of this might include displaying copyrighted photographs, images or a limited amount text (e.g. text on a PowerPoint presentation) on a secure course webpage or course management system.

For example, posting entire articles, book chapters, or lengthy excerpts of text on a secure course webpage or CMS would not be allowed under this exception, since that would not be something typically displayed (shown on a screen) in the course of a live classroom session. However, posting individual articles or book chapters would likely be covered by Fair Use [Section 107]. For more information, see the Fair Use Evaluator.

Neither "dramatic" nor "nondramatic" are defined in the law. Generally, in dramatic literary works the narrative is told through dialogue and action (i.e. theatrical performances]. Thus, the performance of a nondramatic literary work would include things like recorded recitations from novels, textbooks, poetry, etc.

The Senate Report states that "what constitutes a 'reasonable and limited' portion should take into account both the nature of the market for that type of work and the pedagogical purposes of the performance." As such, the amount used should not exceed that which is required to provide for the educational objectives set forth by the instructor. It should also not exceed what would normally be performed during an in-class session.

"Other works" would include any audiovisual works (film, video, etc.), or performances of dramatic literary or musical works (plays, operas, etc.). Only "reasonable and limited portions" of these categories of works are allowed under this exemption.

An example of this would be CSS [Content Scramble System] anti-piracy protections (like Macrovision, etc.) It is illegal to circumvent such systems, except for under very limited circumstances laid out by the Librarian of Congress in 2000, and reviewed every 3 years. None of the current rules (as of early 2009) are applicable under TEACH. See: http://www.copyright.gov/1201/

An example of this would be ensuring that video or audio clips cannot be retained or disseminated (by using video/audio streaming or other technologies).

It is illegal to circumvent anti-piracy controls, even if your use would otherwise meet all the requirements of this exception. An example might be circumventing CSS [content scramble system] anti-piracy protections on a DVD in order to make video clips to stream to your class. In such cases, however, if an analog version (e.g. VHS) of the given title is available, that copy may be digitized and used under TEACH.

This tool can collect, reformat and publish in PDF format the information you choose to provide it. You may choose to save the PDF file to your computer, print it out for your records, or just view it on your screen. None of the information you provide is retained on the server after you exit this site.

You may provide as much or as little information as you like.

Examples might be 1) the name and number of course, 2) the amount to be used (20 second clip, 2 8 minute clips, entire work, etc.), 3) the expected learning outcomes or assignment[s] associated with the display or performance of the copyrighted material, etc.

Checking "Yes" will include on the PDF all of the explanatory notes and descriptions provide by this tool for the completed sections you've completed.

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Educational Exemptions in the U.S. Copyright Code

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The U.S. Copyright Code provides for the educational use of copyrighted material without the permission of the copyright holder under certain conditions. To find out if your intended use meets the requirements set out in the law, use this free, online tool.

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Help you better understand how to determine the "fairness" of a use under the U.S. Copyright Code.

Collect, organize & archive the information you might need to support a fair use evaluation.

Provide you with a time-stamped, PDF document for your records [example], which could prove valuable, should you ever be asked by a copyright holder to provide your fair use evaluation and the data you used to support it. [why is this important?]

Provide access to educational materials, external copyright resources, and contact information for copyright help at local & national levels.

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1. Helping you find out if a work is covered by U.S. copyright, [disclaimer]

2. Calculating its terms of protection, and

3. Collecting and publishing the results (as a PDF) to save for your records [example] or further vet with a copyright specialist

4. To learn about Fair Use, about Educational Exceptions to copyright, or about Exceptions for Libraries and Archives, see: http://librarycopyright.net/resources/

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Elementary, Middle, and High School Level Curriculum about Copyright and Fair Use.

There are also Professional Development opportunities.

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Copyright & Creativity - K-12 Teaching Resources on Copyright and Fair Use

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"These lessons are incredible. They help me teach the importance of copyright and fair use as my class does weekly research and inquiry."

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This document was created when ASD went virtual, but it's still useful if you decide you want to record read alouds for your students.

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SLJ COVID-19 Publisher Information Directory

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"Reproduction of Copyrighted Works by Educators and Librarians" 

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"Reproduction of Copyrighted Works by Educators and Librarians" 

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This is a lengthy document (24 pages), but it has a ton of really helpful information on how educators and librarians can use content in the classroom.

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Reproduction of Copyrighted Works by Educators and Librarians

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New information about copyrighted material being added to the Public Domain, including how you can celebrate Public Domain Day.

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Public Domain Day 2022!

On January 1, 2022, works from 1926 (finally) enter the U.S. public domain. They include A. A. Milne's Winnie-the-Pooh, Felix Salten's Bambi, Ernest Hemingway's The Sun Also Rises, Langston Hughes' The Weary Blues, and Dorothy Parker's Enough Rope. There are scores of silent films including titles featuring Harold Lloyd, Buster Keaton, and Greta Garbo; plus famous Broadway songs and well-known jazz standards. But that's not all. In 2022 we get a bonus: an estimated 400,000 sound recordings from before 1923 will be entering the public domain too! See what will be open to all on our annual site!

Winnie the Pooh is now a multi-billion dollar franchise. After copyright expires over the original book, will there be a war between the Pooh brand and the public domain?.

Public Domain Day 2021!

On January 1, 2021, works from 1925 (finally) enter the U.S. public domain. They include F. Scott Fitzgerald's The Great Gatsby and Virginia Woolf's Mrs. Dalloway, silent films featuring Harold Lloyd and Buster Keaton, and music including the jazz standard Sweet Georgia Brown and songs by Gertrude "Ma" Rainey. See what will be open to all on our annual site!

Find out more in this video about the Public Domain!

What COULD have been entering the US public domain in 2021? Under the law that existed until 1978, we'd be getting works from 1964. Read more about it here.

Planet Money Buys a Superhero: Loophole
Planet Money travels into the public domain to find their very own superhero, with the help of CSPD Director Jennifer Jenkins! Listen to the podcast here.

Public Domain Day 2021 Was a Hit!
Read or listen to stories about Public Domain Day as covered by Morning Edition, Smithsonian Magazine, and NPR Arts & Life.

Public Domain Day celebration!
On December 17, 2020, the Center joined the Internet Archive, Wikimedia Foundation, Creative Commons, and SPARC to throw a Public Domain Day party.

Furt: o istorie a muzicii [Theft!: A History of Music]
The Center for the Study of the Public Domain is pleased to share the Romanian version of Theft! A History of Music. Just released, „Furt: o istorie a muzicii" is a translation made by George Hari Popescu under a Creative Commons BY-NC-SA license. Mr. Popescu commented that some of the greatest challenges were in translating the puns, song lyrics, and graphics from English to Romanian; but that the end result is well-received in Romania. Read more about it at https://ccommons.cc/ [in Romanian] or download the book-for free-at https://ccommons.cc/carte-furt-citeste-descarca/.

Public Domain Day 2020
On January 1, 2020, works from 1924 (finally) enter the public domain. They include George Gershwin's "Rhapsody in Blue" and "Fascinating Rhythm," silent films by Buster Keaton and Harold Lloyd, and Thomas Mann's "The Magic Mountain," E. M. Forster's "A Passage to India," and A. A. Milne's "When We Were Very Young." These works were supposed to go into the US public domain in 2000, after being copyrighted for 75 years. But before this could happen, Congress hit a 20-year pause button and extended their copyright term to 95 years. See what will be open to all on our annual site.

But...what have been entering the US public domain in 2020? Under the law that existed until 1978, we'd be getting works from 1963. Read more about it here.

Public Domain Day 2019
On January 1, 2019, works from 1923 will (finally) enter the US public domain! This is the first time in over twenty years that published works have entered our public domain. See what will be freely available in 2019.

The 50th Anniversary of Hardin's "The Tragedy of the Commons."
Writing in The Economist, Faculty Co-Director James Boyle discusses the various influences of Garrett Hardin's seminal article, "The Tragedy of the Commons," which first appeared in Science magazine's December 13, 1968, issue. " Read more

A Landslide of Classic Art Is About to Enter the Public Domain
Center Director Jennifer Jenkins discusses the resumption of works entering the public domain in 2019 and research that the Center is working on about some of those works. "The Atlantic

Public Domain Day: January 1, 2018
The Center marks Public Domain Day-when thousands of works enter the public domain around the world-with a celebration of what won't be entering the public domain in the US.

The Center for the Study of the Public Domain is proud to announce the publication of Theft! A History of Music.
The book is a graphic novel (aka "comic book") laying out a 2000 year history of musical borrowing from Plato to rap. The comic, by James Boyle, Jennifer Jenkins and the late Keith Aoki is available as a handsome 8.5 x 11″ paperback, and for free download under a Creative Commons license.

Listen to co-author James Boyle discuss the comic on NPR's The State of Things.

Read what people are saying about the book: boing boing, DukeToday, Indy Weekly, Chronicle.

German translation of Bound By Law? now available
The Center is pleased to announce a new translation of its educational comic, created by Wolfgang Flechsenhaar, LL.M.Von Gesetzes Wegen? is the sixth translation of the work that we know of. " Lesen Sie das Comic-Buch [Read the comic]

Reversing the Erosion of the Public Domain?
Center Director Jennifer Jenkins reveals the promise and the limits of various attempts to reverse the erosion of the public domain inIn Ambiguous Battle: The Promise (and Pathos) of Public Domain Day.

Is We Shall Overcome in the public domain?
Center Director Jennifer Jenkins talks about copyright term and orphan works in a USA Today column discussing the suit to establish that We Shall Overcome is in the public domain, and highlighting the Center's websites about what could have been in the public domain. " USA Today UPDATE- court holds that key parts of We Shall Overcome are in the public domain.

Fair use education
Professor Jennifer Jenkins, Center Director, discusses the need for balance in educational programs on copyright and fair use for Consumerist. " Read more

"Films are literally rotting in their cans"
Professor Jennifer Jenkins, Center Director, comments on American copyright law and Public Domain Day for Quartz. " Read more

No copyright in lyrics to 'Happy Birthday'
Center Director Jennifer Jenkins comments on Marya v. Warner/Chappell Music, Inc., 2015 WL 5568497 (2015), and Judge George H. King's decision (available here via the Internet Archive) that Warner/Chappell Music did not hold a valid copyright in the lyrics to the song. " FastCompany

"Universities are more often on the giving end . . . of the legal threats"
Faculty Co-Director Arti Rai comments for ScienceInsider on the Innovation Act ( H.R. 9) introduced in the House of Representatives this year and the legislation's potential effects on universities." " more

Are trade secrets delaying biosimilars?
Faculty Co-Director Arti Rai and Prof. W. Nicholson Price II co-author an article examining the effect of trade secrets on the cost of cutting-edge medications inScience.

The "Blurred Lines" of the Law
CSPD Director Jennifer Jenkins discusses the recent jury verdict in the copyright infringement case involving the song "Blurred Lines." " more

I Have a Copyright: The Problem with MLK's Speech
Professor Jennifer Jenkins, Center Director, comments on the copyright status of Dr. Martin Luther King, Jr.'s 1963 "I Have a Dream" speech inMother Jones magazine. Prof. Jenkins also comments for USA Today on the recently decided case involving the sale of some of Dr. King's papers by his former assistant.

(EM)I Has a Dream
CSPD Faculty Co-Director James Boyle discusses the copyright issues surrounding Dr. Martin Luther King, Jr.'s 1963 "I Have a Dream" speech and other vital cultural events in a column for Huffington Post. He also discusses his column and the issues with HuffPost Live TV.

Rai comments on "patent troll" lawsuits
Faculty Co-Director Arti Rai comments on Obama administration plans to crack down on 'patent trolls' in an article inThe New York Times.

Court Ruling Takes a Stand on Essential High-Tech Patents
Faculty Co-Director Arti Rai comments on the U.S. District Court's ruling in Microsoft v. Motorola for The New York Times.

Reselling media content: Seconds to go
Faculty Co-Director Arti Rai comments on the U.S. Supreme Court's ruling in Kirtsaeng v. John Wiley & Sons for The Economist.

Who owns Sherlock Holmes?
CSPD Director Jennifer Jenkins comments on Leslie Klinger's lawsuit against the heirs of Sir Arthur Conan Doyle who are trying to collect license fees for Mr. Klinger's series of new Sherlock Holmes-inspired stories. "The Economist

In Memoriam: Professor Keith Aoki
It is with great sadness that we note the death of Keith Aoki, Professor of Law at UC Davis Law School, and long-time collaborator with the Center. Prof. Aoki combined many different talents: scholar, artist, musician, mentor, father, husband, gentleness, humor, and so much more. Describing Prof. Aoki's contributions to the Center is difficult to do in a small space, but Prof. James Boyle, Faculty Co-Director, shares a marvelous tribute to Prof. Aoki and Prof. Jennifer Jenkins, Director, offers her own personal remembrance.

The Public Domain: Enclosing the Commons of the Mind
Faculty Co-Director James Boyle's book, recently named American Society for Information Science and Technology Book of the Year for 2009, explores the importance of the public domain to music, culture, science, and economic welfare and explains what we must do to protect it. Prof. Boyle discusses the book on BBC's In Business, NPR, North Carolina Public Radio, Connecticut Public Radio, and BBC's Thinking Allowed. In addition to the ASIST honor, The Public Domain received the 2008 McGannon Award from Fordham University's Donald McGannon Communication Research Center. Visit the book's web site to read the book online, check the reviews, and more; or buy the book.

IP and Synthetic Biology
Read Faculty Co-Director Arti Rai's seminal articles about intellectual property and "synthetic biology" - the attempt to construct new biological functions and systems, starting at the genetic level: Synthetic Biology: The Intellectual Property Puzzle (with Sapna Kumar) and Synthetic Biology: Caught Between Property Rights, the Public Domain, and the Commons (with James Boyle). Here Professor Rai's recent lecture on The Paradigm Shift of Synthetic Biology: Tensions Between Innovation and Security given at the University of Minnesota [ more information ].
View the News archive. James Boyle David Lange Arti Rai Jerome H. Reichman

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Center for the Study of the Public Domain | Duke University School of Law

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The Center for the Study of the Public Domain at Duke Law School is the first university center in the world devoted to the other side of the picture.