Copyright and Fair Use: Copyright Law

Did you Know...

Copyright is respected by a Constitutional Provision:

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.
United States Constitution, Article I, Section 8

Copyright Law is a form of intellectual property law that provides protection to authors of original works expressed in a tangible medium.  Published and unpublished works are automatically protected at the moment of creation.  Copyright allows the author/creator exclusive rights to reproduce, distribute, perform, display, or adapt the work and to authorize these rights to any others.  Violating copyright, intentionally or unintentionally is illegal, but the government recognizes that unlimited author rights may prevent the dissemination of knowledge.  The doctrine of Fair Use allows for the reproduction, dissemination, and adaptation of copyrighted works for the purposes of education and research, parody and critique, and news and commentary.  When the copyright on a work has expired, it enters what is called the Public Domain and becomes publicly free to use without obtaining permission from the copyright holder.

Who can claim copyright?

Any author or creator of a work expressed in a tangible medium--if you can see it, hear it, touch it, or read it--can claim copyright.  A major exception to this rule applies to "works made for hire."  Works made for hire are, generally, anything created by an employee within the scope of employment or any work commissioned by a body for a particular purpose.  Also free from copyright are titles, names, short phrases, abbreviations, and works created entirely of publicly available knowledge and containing no original authorship.

Copyright protection extends to both published and unpublished works and no registration is required.

In some cases the author or creator may choose to transfer the copyright of a work to another entity.  Transfer of exclusive rights must be documented in writing and must be signed by the copyright owner.

What works are covered protected copyright law?

Almost any work that you can see, hear, read, or touch are protected.  The law makes the distinction that the work does not have to be "directly perceptible" to be protected (meaning that digital works are also subject to copyright protection).  Below is a brief list of covered works:

• literary works
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic works
• pictorial, graphic, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works

These categories should be considered broadly to include works not explicitly defined here.

How long does copyright protection last?

Copyright protection extends for many years.  The general rule is the author's life plus 70 years.  In the case of joint authors, copyright protection endures for 70 years after the last author's death.  Works of corporate or anonymous authorship are protected for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

Copyright Symbols. Source: flickr, MikeBlogs