About Copyrights

For more information on copyright, visit our Copyright FAQ.

Copyright protects against unauthorized copying or distribution of "original works of authorship" including literary, dramatic, musical, artistic, and most any other creative works including software.

  1. Authority

    The United States Constitution, Article I, Section 8, clause 8. "The Congress shall have Power To...promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

    www.law.cornell.edu/constitution/constitution.articlei.html.

    The Copyright Act is codified at Title 17, U.S. Code.

    www.law.cornell.edu/uscode/17/.

  2. Subject Matter
    1. Protected Works. Any work fixed in tangible form and containing some original and creative expression is subject to copyright protection. Copyright exists from the time the work is created in fixed form. Protectable works of authorship include the following categories:
      1. literary works;
      2. musical works, including any accompanying words;
      3. dramatic works, including any accompanying music;
      4. pantomimes and choreographic works;
      5. pictorial, graphic, and sculptural works;
      6. motion pictures and other audiovisual works;
      7. sound recordings;
      8. architectural works; and
      9. computer programs.

      This list is not meant to be exclusive.

    2. Excluded Works. The following works are excluded from copyright protection:
      1. works that have not been fixed in tangible form (e.g., performances that have not been filmed or taped);
      2. titles, names, short phrases, and slogans (more appropriate for trademark);
      3. recipes or listings of ingredient or contents (better kept as trade secrets);
      4. work consisting entirely of information or facts that contain no creative input (e.g., lists and tables taken from public documents or other common sources).
  3. Scope of Protection

    It is illegal for anyone to violate any of the rights provided by copyright law to the owner of the copyright. However, these rights are not unlimited. Sections 107 through 119 of the Copyright Act establish limitations on the exclusive rights.

    www.law.cornell.edu/uscode/17/107.html.

    1. Fair Use. One major limitation on the exclusive rights is the doctrine of "Fair Use". (See Section 107 of the Act.) The doctrine of "Fair Use" permits the use and reproduction of a copyrighted work without the copyright owner's permission in limited circumstances. Section 107 of the Act establishes four basic factors to determine what is a "fair use". These factors are: The purpose and character of the use (commercial versus non-profit); The nature of the copyrighted work; The amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole; and The effect of the use on the author's potential market.
    2. Idea/Expression Dichotomy. Copyright protects only expression, and not the ideas expressed thereby. The patent system may be appropriate for new ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices (as distinguished from a description, explanation, or illustration of the same).
    3. Nature of Rights. A copyright owner has the exclusive right to do or authorize the following:
      1. Reproduce the copyrighted work;
      2. Prepare an adaptation (derivative work) based upon the copyrighted work;
      3. Distribute copies of the copyrighted work to the public;
      4. Publicly perform the work (applies to copyrightable works other than pictorial , graphic and sculptural works, architectural works ad sound recordings);
      5. Publicly display the work (applies to all copyrightable works except architectural works and sound recordings); and
      6. To publicly perform copyrighted sound recordings via digital audio transmission.
    4. Lifetime. A work is protected from the moment of its creation, and the protection ordinarily lasts for the author's life, plus an additional 70 years. In the case of "works made for hire", and for anonymous and pseudonymous works, the copyright lasts 75 years from publication of 100 years from creation, whichever is shorter.
    5. National Rights. There is no "international copyright". Protection against unauthorized use in a particular country depends on that country. However, many countries do offer protection to foreign work under certain international copyright treaties, e.g., the Universal Copyright Convention (USS) and the Berne Convention. To perfect foreign copyrights, there are administrative formalities with which authors must comply.
    6. Ownership. The author owns the copyright unless it is a "work made for hire." See Section 101 of the Copyright Act.

      www.law.cornell.edu/uscode/17/101.html.

      A "work made for hire" is: a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other visual work, as a translation, as a supplementary work, as a compilation, as an instructional test, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a "work made for hire".

    7. Procedural Requirements and Costs.
      1. Registration. Copyrights are registered with the Copyright Office of The Library of Congress.

        www.loc.gov/copyright/.

        Registration may be made at any time within the life of the copyright. Indeed, registration and deposit in The Library of Congress is not required, but merely a prerequisite to filing suit. In other words, an author can own a copyright even without a valid copyright registration, but cannot sue under the Lanham Act for copyright infringement. In all practicality it is recommended to register early to formally establish authorship and establish the public record of the copyright claim.

      2. Registration Requirements. To register a work, the Copyright Office requires a properly completed application, the requisite fee, and deposit material. Deposit material requirements vary depending upon the nature of the work. The Copyright Office requires the submission of a specific form for the type of work. The Copyright Office has the forms available for download from the Library of Congress Web site. For example:

        Form TX is for published and unpublished nondramatic literary works

        www.loc.gov/copyright/forms/formtx.pdf.

        Form VA is for published and unpublished works of the visual arts

        www.loc.gov/copyright/forms/formva.pdf.

        Form SR is for published and unpublished sound recordings

        www.loc.gov/copyright/forms/formsr.pdf.

        Form PA is for published and unpublished works of the performing arts

        www.loc.gov/copyright/forms/formpa.pdf.

      3. Notice. For works published on or after March 1, 1989, use of the copyright notice is optional (but highly recommended). Use of the notice serves to deter infringement. In addition, if the work carries a proper notice, a court will not allow a defendant in an infringement case to claim "innocent infringement" (which might otherwise result in a reduction in damages). Prior to March 1, 1989, the use of the notice was mandatory on published works. Proper notice consists of the following: the word "copyright" or the copyright symbol ©, the name of the author, and the year of creation. For example, © Doe, 2000, All Rights Reserved.
      4. Costs. The U.S. government charges a $30 nonrefundable filing fee for each application, and we cap our fees at $150 for preparation and filing of each copyright application.
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