Module 2: Copyright in Detail

Copyright in Detail

Copyright is a set of exclusive rights to reproduce, creative derivative works, distribute, perform publicly, or display publicly. With the exception of facts, ideas and US Government materials, anything with a "modicum of creativity" that has been fixed in a "tangible form" has a copyright. Copyright is automatic and instantaneous and belongs initially to the creator unless they have agreed it will go to someone else. Some examples of this scenario might be where co-creators agree to be joint owners of a copyright, or employers own "works for hire" materials.

Although the duration of copyright varies, it lasts at least throughout the author's lifetime plus an additional 70 years. Because the rights provided by copyright are exclusive, only the copyright owner can exercise them during this period and any other parties who wish to do so must seek the owner's permission unless a specific exception to copyright law applies.

Do you have the copyright to your ETD?

A work's creator is, in most situations, its copyright owner. Work created within the scope of employment may, in certain situations, be considered a "work for hire" that belongs to the author's employer. However, according to the University of Washington Copyright Policy Links to an external site., students "retain all rights in copyrightable materials they create, including scholarly works" unless specially commissioned to develop the materials for the University.

If scholarly work has been supported by a grant or sponsor, the funding agreement may specify whether the funder has a claim to ownership of copyright in any related publications.

If a work has more than one author that has contributed substantially, the authors share copyright ownership. Ultimately, your advisor and your committee are making the decision as to whether your dissertation represents an appropriate amount and level of work to fulfill your degree requirements, and the question of co-authorship is really an extension of that.

What is copyright registration?

In ETDAdministrator you will be asked whether you would like to register your copyright. This is a service ProQuest offers for an additional fee, although you can register your copyright by yourself with the US Copyright Office Links to an external site..

Remember that copyright is automatic and instantaneous - so you do not need to register your copyright in order to have protections under U.S. Law.

However, registering your work with the U.S. Copyright Office can offer advantages.  The US Copyright Office has records of copyright ownership that members of the public can search.  So if you register your work, people who want to use it can discover that you are the copyright owner and the year you created the work.  In the unfortunate event you wish to file a lawsuit against someone you believe has infringed your work, you must first try to register the work at issue with the U.S. Copyright Office.  You cannot begin an infringement lawsuit until you receive a response from the U.S. Copyright Office.

Resources from this module

• Portal: U.S. Copyright Registration Links to an external site.
• Guide: Copyright and Your Dissertation or Thesis Links to an external site.
• Guide: Introduction to Copyright
• Contact: uwlib-scp@uw.edu 

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