This document provides a summary of the law in this area and answers questions frequently asked of attorneys in the Office of General Counsel. However, the information presented here is intended for informational purposes only and nothing in this document should be construed or relied upon as legal advice. The Office of General Counsel or your Campus Legal Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter. This chapter introduces basic copyright principles that apply to members of the University of Wisconsin System community, either as users or as owners of copyrighted works. The three basic forms of intellectual property include copyrights, patents and trademarks.
Copyrights protect original works of authorship fixed in any tangible medium of expression.
A work must be capable of reproduction or communication and fixed in some medium of expression to be protected. Penalties for unlawful copyright infringement can be severe, including substantial monetary damages in certain circumstances. Since the fair use test is not easily applied, you should contact the Office of the General Counsel or Campus Legal Counsel whenever a copyrighted work will be used without obtaining the permission of the owner. Purpose and Character of the Use Certain kinds of uses of copyrighted works support a claim of fair use. Since copyright protection requires originality, some works merit greater protection than others.