Basic Concepts
Definition: Copyright is a legal right that grants the creator of an original work exclusive rights to determine whether and under what conditions this original work may be used by others.
What Can Be Copyrighted:
- Literary works (books, articles, poems)
- Musical works and sound recordings
- Dramatic works
- Pictorial, graphic, and sculptural works
- Motion pictures and audiovisual works
- Computer programs
- Architectural works
What Cannot Be Copyrighted:
- Ideas, procedures, methods, systems, processes
- Concepts, principles, or discoveries
- Works consisting entirely of common information (calendars, height/weight charts)
- Titles, names, short phrases, and slogans
- Facts and data
- Works in the public domain
- Works created by the U.S. Government
Rights Granted by Copyright
Exclusive Rights:
- Reproduction (making copies)
- Distribution (selling, renting, leasing, lending)
- Public performance
- Public display
- Creation of derivative works
Copyright Duration
Works Created After January 1, 1978:
- Individual authors: Life of the author plus 70 years
- Works for hire: 95 years from publication or 120 years from creation, whichever is shorter
Works Published Before 1978: Various terms apply based on publication date and renewal status.
Public Domain: Works whose copyright has expired or were never protected.
Fair Use Doctrine
Four Factors to Determine Fair Use:
- Purpose and character of use (commercial vs. nonprofit/educational)
- Nature of the copyrighted work
- Amount and substantiality of the portion used
- Effect on the potential market or value of the work
Common Fair Use Examples:
- Criticism and commentary
- News reporting
- Teaching, scholarship, research
- Parody
- Limited personal use
Copyright Registration
Benefits of Registration:
- Establishes a public record of ownership
- Required before filing an infringement lawsuit (in the U.S.)
- Eligible for statutory damages and attorney’s fees
- Prima facie evidence of validity
How to Register (U.S.):
- Submit application to U.S. Copyright Office
- Provide deposit copies of the work
- Pay filing fee ($45-$125, depending on application type)
Copyright Notice
Format: © [Year of first publication] [Owner’s name] [Rights statement]
Example: © 2025 Jane Smith. All rights reserved.
Note: Copyright notice is no longer required for protection in most countries but still recommended.
International Copyright Protection
Berne Convention:
- Protects works automatically in 179+ member countries
- No registration required
- National treatment principle
- Minimum protection standards
Other Treaties:
- WIPO Copyright Treaty (WCT)
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
- Universal Copyright Convention (UCC)
Copyright Infringement
Definition: Unauthorized use of copyrighted material in a manner that violates one of the copyright owner’s exclusive rights.
Penalties (U.S.):
- Civil: $750-$30,000 per work infringed
- Willful infringement: Up to $150,000 per work
- Criminal: Fines up to $250,000 and imprisonment up to 5 years for willful infringement
Digital Copyright Issues
Digital Millennium Copyright Act (DMCA):
- Safe harbor provisions for online service providers
- Anti-circumvention provisions
- Takedown notice procedure
Creative Commons Licenses:
- Attribution (CC BY)
- Attribution-ShareAlike (CC BY-SA)
- Attribution-NoDerivs (CC BY-ND)
- Attribution-NonCommercial (CC BY-NC)
- Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)
- Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)
Works for Hire
Definition: Works created by employees within scope of employment or specially commissioned works where parties agree in writing.
Ownership: Copyright belongs to employer or commissioning party, not the creator.
Common Misconceptions
Myth: Mailing yourself a copy of your work establishes copyright (“poor man’s copyright”). Reality: No legal validity in court.
Myth: If there’s no copyright notice, it’s not protected. Reality: Copyright protection is automatic upon creation; notice is optional.
Myth: If it’s on the internet, it’s free to use. Reality: Works on the internet are protected by copyright unless explicitly stated otherwise.
Myth: Changing 10-30% makes it legal to use. Reality: No “percentage rule” exists in copyright law; transformative use matters more.
Myth: Non-commercial use is always fair use. Reality: Non-commercial use is just one factor in fair use analysis.
Copyright vs. Other Intellectual Property
- Trademarks: Protect brands, logos, slogans used in commerce
- Patents: Protect inventions and processes
- Trade Secrets: Protect confidential business information
Resources
- U.S. Copyright Office: copyright.gov
- World Intellectual Property Organization: wipo.int
- Creative Commons: creativecommons.org