101 Public Domain
Pointers for navigating what is free to use on the Internet
By Jean D. Sifleet
Special to the Worcester Business Journal
You don't need permission to use the following:
Works of the U.S. Government
Copyright protection is not available to a work of the U.S. government, which is defined as a work "prepared by an employee of the U.S. government as part of the person's official duties." Hence, both the U.S. government and its employees are prohibited from copyrighting works produced in the course of official business.
Expired Copyrights
For a chart that summarizes when copyrights expire and works enter the public domain, see: http://www.unc.edu/~unclug/public-1.htm.
Fair Use Doctrine
The rights of the copyright owner are limited by the Fair Use Doctrine, which allows reproduction of copyright protected materials under certain circumstances. Unfortunately, there are no clear-cut rules for what is "fair use."
Keep in mind that unauthorized copying can be expensive. Penalties for infringing a copyright can include payment of statutory damages (between $750 and $150,000 per infringement) and attorney fees.
If you're using someone else's work, carefully consider whether the work is in the public domain or whether your use makes sense under the Fair Use Doctrine. If your use is extensive, get permission in writing. If you are uncertain, get advice from an attorney.
Jean D. Sifleet, is an business attorney at the Worcester law firm of Hassett & Donnelly.
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