As described in the College’s Intellectual Property policy, these are original works of authorship that are fixed in a tangible medium of expression. An “original” work means one created independently with a “modicum” of creativity. A “tangible medium of expression” means capturing an idea in a physical or digital format permanent enough to be seen, reproduced, or communicated. Creators of such original works are able to control certain uses of their works, including the right to grant others the ability to use those works without advance permission.

Common types of copyrightable material include:

• Text (manuscripts, manuals, books, and articles)
• Videos and motion pictures
• Music (sound recordings, lyrics, and scores)
• Images (print, photographs, electronic, and illustrations/art)
• Fonts 
• Computer software (programs, databases, web pages, and courseware).

Facts, data, and tables generally are not protected by copyright as they are not original works of art. However, the presentation of the facts, data, and tables might be protected by copyright as the graphic design or artistic rendering of the information may involve creativity.

Ideas, procedures, processes, systems, concepts, principles, methods of operation or discoveries are not copyrightable.

The above are meant as examples, and this is not an exhaustive list. Intellectual property law will undoubtedly be evolving to rapid technological advances.

• The right to reproduce
• The right to create derivative works (e.g., adapting a book into a play)
• The right to distribute copies, or transfer ownership of the work
• The right to perform the work publicly
• The right to display the work publicly
• The right to perform the work publicly via digital audio transmission (if sound recording)

No, it’s not necessary to post copyright notices or the © symbol for a creator to have legal protection. Also, a label identifying a creation is “free” is not necessarily proof you have permission to use it. Clarification with the creator is recommended.

Not necessarily, because finding a work online tells you nothing about whether you are free to use it. There is a critical difference between a work being publicly available and a work being in the public domain (meaning, not protected by copyright). These two concepts are unrelated.

• Publicly available means anyone can see, stream, or download the work. Almost everything on the open internet is publicly accessible.
• Public domain means anyone can copy and use the work because it is not (or is no longer) protected by copyright.

Please refer to the below for general guidelines based on when the work was published.

For works created before 1978:

For works created on or after 1978, the following should be considered:

Importantly, these time frames are not always easy to identify. The U.S. Copyright Office provides more information on the duration of copyright protection here.

It depends on the circumstances, and each scenario should be considered on a case-by-case basis.  For example, if you are going to cite to government sources, you do not need permission. In contrast, if you are going to use content from an author’s book, permission may be needed. Proper attribution is professionally appropriate but not a substitute for lawful permission to use copyrightable material.

Searching the U.S. Copyright Office registration database alone is not enough to conclude a work is subject to copyright. This is because copyright is automatic, registration is optional, many copyrighted works are never registered, and absence from the database does not mean “unprotected.” On the other hand, there may be instances where a copyright is not enforceable. Those situations are highly factual and should be reviewed with legal counsel.

However, at the very least, you should determine the publication date, the authorship and death date, any license or terms of use, and search the copyright office records. Make sure you keep a written record of every search and finding.

The most typical way creators grant advance permission (including for music) is to identify their work as covered by a “Creative Common” license. The Creative Commons website explains the differences in permissions granted by their six types of licenses. If you rely on a Creative Commons license, please be sure to use the material consistent with any limitations imposed by the type of license.

Some computer software may be freely used, modified and shared under the Open Source Initiative (called “OSI licenses”). See also GNU.

Some museums host open content images. For example, some Getty images are available without advance permission. Just because a site or museum allows some of their images to be used does not mean any image can be used without permission. For example, you cannot use any image from the main Getty website just because they make some images available.

YouTube has a strong audio library for music needs which they describe as containing “copyright-safe” music and sound effects. Please carefully read the terms outlined by YouTube to ensure your use is consistent with the permissions they describe.

Flickr advertises itself as the “largest collection of Creative Commons-licensed imagery on earth.”

It’s important to carefully read any disclaimers or terms associated with websites claiming to provide works that can be used without any further permission. Terms may change over time, and their content could also change over time. Additionally, how you plan to use the work (for educational versus commercial use) can make a difference as to whether the permissions granted are sufficient for your intended purposes.

Once you identify the creator, you should always document your request(s) for permission in writing. You should permanently maintain their written response granting permission. No specific format must be followed, but your request should cover these topics:

• The exact material you seek to use (e.g. title, author, and page numbers), with a photocopy of or link to the material.
• How you seek to use it, including form of distribution, number of copies you may make, and whether the material will be sold.

A work may involve more than one creator (meaning permission needed from more than one person). For joint works—a work prepared by two or more individuals, like a book written by two authors—it is sufficient to obtain one of the authors’ consent for a non-exclusive license; whereas, for a work containing two distinct copyrights, like an article featuring a photograph, permission may be needed from both the author and photographer.

You may find the Copyright Clearance Center a helpful resource.

Please see The Claremont Colleges Library website for detailed information on the scope of fair use.

• Assume online content is copyrighted unless you know otherwise.
• Use your own original work whenever possible.
• Read and follow license terms.
• Give credit when required—but remember that credit alone doesn't replace permission.
• Keep records of licenses and permissions.
• When in doubt, ask the copyright owner or choose different content.

NIL refers to personal identifiers including but not limited to names, nicknames, images, voice, catchphrases, or signature moves/physical traits associated with an individual. The United States Patent and Trademark Office has a good explanation of NIL. People can grant permission for companies to use their NIL to endorse products and services. While most prevalent in the athletics context (see here for NCAA information on NIL), it’s is not limited to athletics.

California gives individuals broad protection related to right of publicity. Under California Civil Code 3344, a person's advance consent is generally required before using their name, voice, signature, photograph, or likeness for commercial purposes, while editorial uses such as reporting, commentary, education, and scholarship are generally outside the statute's scope; a minor's parent or legal guardian must provide consent; and violations may result in statutory damages of at least $750, disgorgement of profits, punitive damages, and attorney's fees. The statute applies to both still and moving images of readily identifiable individuals but does not require consent for uses connected with news, public affairs, sports broadcasts or accounts, political campaigns, or incidental appearances in crowds or groups.

Consent forms can also be obtained from the Office of Strategic Marketing and Communications.

Importantly, the right of publicity is distinct from copyright, meaning that licensing or owning the copyright in a photograph does not eliminate the need to consider the depicted person's publicity rights. Accordingly, a researcher who has lawfully licensed an image must still evaluate whether § 3344 applies to the intended use. Note, that while scholarship, teaching, and research may qualify as editorial uses, promotional or commercial uses, such as fundraising, institutional marketing, or commercial products, require a fact-specific legal analysis.

No. Different laws and presumptions apply depending on the country. For questions about specific jurisdictions, please contact the General Counsel.

The U.S. Copyright Office’s website has a great deal of information, including very helpful videos.

For information helpful to copyright protection for creators, the University of Texas Libraries has a publicly available “Copyright Crash Course” by Georgia Harper and Colleen Lyon. This is available under a Creative Commons Attribution 4.0 license.