Using Items from the Library’s Website: Understanding Copyright  |  Legal  |  Library of Congress

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Using Items from the Library’s Website: Understanding Copyright

Here’s the most important thing to know: If you can see or hear the materials on the Library of Congress website, you may view or listen to them on the site. We are making them available to you for that very purpose.

If you want to use or reuse the materials beyond our website, though, you need to be aware of copyright and other rights restrictions. (Just because we’ve put a work online doesn’t mean that you can freely reuse it.) You need to decide for yourself whether the way you plan to use the materials is allowed under copyright law. To do that, you’ll need to ask yourself a few questions: whether the work is subject to copyright, whether you have permission to use the work, and whether the way you plan to use the materials falls within a copyright exception. We provide this guide to assist users to understand and navigate the copyright status of the materials that the Library of Congress provides.

Copyright is a form of legal protection that fosters innovation and creative expression by protecting the rights of authors in their original works while simultaneously encouraging the creation and dissemination of new works. While ideas and facts may not be copyrighted, copyright law protects materials created in a variety of forms: sculptures and architectural works, books and letters, music, photographs, paintings, movies, and more. Under current U.S. law, an original work is automatically protected by copyright when it is created and fixed (basically, writing it down or recording it in some manner), even if it is not accompanied by a copyright notice or a copyright symbol (©). Works created before March 1989 have different rules about notice. Copyright eventually expires; when that happens, works enter the “public domain” and are free to use and reuse. Article I, Section 8, clause 8 of the United States Constitution provides authority for the Copyright Act, found in title 17 of the United States Code (17 U.S.C. § 101, et seq.).

Copyright law plays an important role in promoting creativity by protecting the creations of authors, artists, musicians, and others from unauthorized copying, distribution, adaptation, public display, and public performance. Because each use of a work is unique, this guide provides only general and somewhat simplified information and should not be taken as legal advice. You, as a user of Library collections, ultimately have the responsibility for complying with copyright law.

For more information on the fundamentals of copyright, see the Copyright Office’s "Copyright Basics." Review the Copyright Office’s Frequently Asked Questions, the Copyright Office's copyright educational video series, and other Copyright Office publications like its Circulars, Fair Use Index, and Compendium, or consult an attorney if you have additional questions about copyright.

What are the copyright restrictions on the use of the materials in the Library’s collections?

Copyright law protects works by giving authors certain rights over the copying, distribution, adaptation, public performance, and public display of their creative expression. Digital works are protected in the same way as non-digital works are protected. Works produced by authors or creators within the United States may be protected by U.S. copyright law. Works produced by authors or creators outside of the United States may also be protected under U.S. law, the law of another country, international agreements, or a combination of laws. Items the Library has received through donations, gifts, or purchases may have additional or separate restrictions on their use based on accompanying gift agreements, purchase terms, or licenses.

Importantly, works produced by federal government employees in the course of their employment are generally not protected by copyright and are in the public domain in the U.S. This includes works produced by Library of Congress employees in the course of their duties at the Library. Unless otherwise indicated on this site, the Library of Congress has no objection to the international use and reuse of Library U.S. Government works on loc.gov. These works are also available for worldwide use and reuse under CC0 1.0 Universal.

How does the Library decide to make collections material available online?

The Library makes its collections materials available online based on a variety of factors:

  • If the work is in the public domain or has no known copyright restrictions
  • If the Library has permission for specific uses
  • If the Library’s presentation falls within a copyright exception, as assessed by the Library.

How do I know whether I can use materials from the Library’s collections?

The Library cannot give you permission to use items in our collections, because we generally do not own the copyright to materials in our collections. We also cannot contact rightsholders for permission. Whenever possible, we will provide the most accurate information we have based on what we know about the materials in our collections. To determine if you can use the material in the collections for a certain purpose, answer the three questions below.

First, what does the Library say about rights for the item?

On the item in the Library’s digital collections, look for a statement called “Rights and Access” or “Rights Advisory.” Many items in the Library’s online collections have a statement like this. It contains the most accurate information we have about the rights status of the material. This statement can provide helpful details about the copyright owner, or it can help you decide whether the item is in public domain or has no known copyright restrictions (in which case it may be used freely). Whenever it can, the Library provides the most accurate information that it has about copyright owners and related matters. (Unfortunately, the copyright information in our collections records may sometimes contain inaccuracies due to incorrect information in its original source, because of changes in an item’s status, or because our records may simply be incomplete.) In addition, when the Library has licensed online databases and resources, the terms of use are displayed for each title and resource in the Library’s E-Resources Online Catalog at http://eresources.loc.gov/.

Second, is the item in the public domain or otherwise available for use?

Items in the public domain may be freely used for any purpose because the rights to reproduce and distribute these materials belong to the public as a whole. These items will be identified as "public domain" or "no known copyright restrictions" in the rights statement. Works might be available for use for several reasons:

  • Because of age: In general, the older an item is, the more likely it is to be in the public domain. Most items published in the United States more than 95 years ago are now in the public domain. Items that were never published, like letters and family photographs, are copyrighted for the life of the creator plus 70 years. Also, many items published before 1964 may be in the public domain because their rights holder did not renew copyright registration as required under prior law; current law does not require renewal.

    The rules on the length of copyright have changed over time, most recently in 1998. Current law provides copyright protection for a work for (1) the life of the author plus seventy years and, (2) for works made for hire and anonymous or pseudonymous works, for 95 years from publication or 120 years from creation, whichever is shorter.

    To see if the material you seek to use is in the public domain because its copyright has expired, consult resources like the following:

  • Because they were never covered by copyright: Many things are not protected by copyright at all. For example, words and short phrases, simple geometric shapes, and works made by federal employees in the scope of their employment are generally not covered by copyright. For more information on works not subject to copyright, see Copyright Office, “Works Not Protected by Copyright” and Copyright Office Compendium of Copyright Office Practices, Sections 313 (including Section 313.6(C))

  • Because of their creator: A creator can intentionally allow their work to be used freely without copyright restrictions. If they did, it should say so in the rights statement.

  • Because of a license: In many instances, the person who created an item has given broad permissions for it to be used. This may include specific permissions for particular uses, such as research, education, or non-commercial uses. These should be reflected in the Rights and Access information on the item. The item may also be covered by a Creative Commons license, which allows use if the particular license conditions are followed. See the Creative Commons Website external link for more information.

Third, if the item is not yet in the public domain, does a copyright exception apply?

Three major exceptions allow you to use an item without permission if your use meets the standards for the exception: for teachers; for fair uses; and for libraries and archives. [There are other exceptions, like special rules for people with visual disabilities (See Section 121 of the Copyright Act), special exceptions for libraries and archives (See Section 121 of the Copyright Act), special exceptions for libraries and archives (See Section 108 of the Copyright Act),  and rules for non-commercial uses of pre-1972 sound recordings (See Section 1401 of the Copyright Act).]

  • Exceptions for Teachers:

    • Classroom teachers can use copyrighted materials in the classroom if you’re at a nonprofit educational institution and are performing or displaying the item—showing it on a whiteboard, for example. This exemption doesn’t apply if you’re making copies of the item or distributing it. If your use meets these conditions, you may perform or display the work without violating copyright, as long as you are using a lawful copy. Section 110 of the Copyright Act for details.

    • Distance-learning teachers can use copyrighted materials in your classes if you meet certain conditions. Section 110(2) of the Copyright Act, also known as the “TEACH Act,” provides copyright exemptions for certain distance learning and digital education programs. For more information, see the Copyright Clearance Center, “The TEACH Act,” external link or this TEACH-Act Checklist external link from Truman State University.

  • Fair Use:

    The fair use doctrine allows you to use a copyrighted item for a limited purpose "such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." While fair use analysis is conducted on a case-by-case basis and can become quite complicated, Section 107 of the Copyright Act requires that you consider at least the following four factors when assessing whether a use is permissible under the fair use doctrine:

    • the purpose and character of the use, including whether such use is transformational and whether it is for commercial or nonprofit educational purposes;
    • the nature of the copyrighted work, such as whether it is primarily factual or highly creative, and whether it is published or unpublished;
    • the amount and substantiality of the portion used in relation to the copyrighted work as a whole, such as whether it is at the heart or the matter and whether the amount used is limited to the amount necessary to achieve the purpose; and
    • the effect of the use upon the potential market for or value of the copyrighted work.

    For information about fair use and real-world applications of the doctrine, see the Copyright Office video on fair use and the Copyright Office Fair Use Index.

How do I obtain permission to use copyrighted materials?

If a work is not in the public domain or licensed through Creative Commons or other means, and no copyright exception applies to your proposed use, you will need to obtain permission for the use from the copyright holder.

Determine who the rights holder is

In some cases, it may be possible to determine the rights holder simply by looking at the “Rights and Access” information notice (see Part II), or by examining the work and looking for the copyright notice, publisher, or author. In other cases, more research may be required. Learn more about how to determine who the rights holder might be if it is not available from the above locations in “How to Investigate the Copyright Status of a Work”.

Contact the rights holder and ask permission

In some cases, the rights holder will permit particular uses of their work, so it doesn’t hurt to ask them. Asking a rights holder for permission can be as simple as sending an email. Be sure to get permission in writing and clarify the important details of your use:

  • Describe the item you want permission to use
  • Describe how long you plan to use the item
  • Explain how you plan to use the item
  • Provide information about the context of the use

If permission is granted: be sure you adhere to the terms of your request, and of course, be sure to credit the source!

What if I can’t find the rights-holder?

Sometimes, it is not possible to find the rights holder of a work. Works for which no rights holder is locatable after a reasonable search are referred to as "orphan works." There is no special legal protection for using works just because they are orphan works, so you cannot use a work without permission simply because the rights holder cannot be easily located. However, the other exceptions and options listed above (such as fair use) may still apply, or the work may be old enough that it is in the public domain.

For more information on searching for rights owners and determining if the target work is an orphan work, see:

What if I have information about copyright in a Library collection item?

Awesome! If you have more information about material on our websites or are able to provide specific, additional information about the copyright status of a particular item in our collection, please contact us at https://ask.loc.gov/ or, where available, at the address listed in the “About this Collection” entry for the item. Please include a link to the item. If you are the copyright holder and believe our websites have not properly attributed your work or have used it without permission, please contact ogc@loc.gov with your contact information and a link to the relevant content.

What besides copyright should I consider?

Privacy and publicity rights are separate and distinct from copyright. Copyright is protected by federal law under the United States Copyright Act, whereas privacy and publicity rights are primarily governed by state law. What is allowed in one state may not be allowed in another. If you use materials from our websites, then you are responsible for determining whether there are privacy and publicity rights considerations. Factors to consider include the type of materials and their intended use.

Other legal issues may include trademark and classified status. Finally, the Library asks that researchers approach the materials in our collections with respect for the culture and sensibilities of the people whose lives, ideas, and creativity are documented here.

Last updated: February 7, 2020

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