Copyright Basics Guide

Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. Works are original when they are independently created by a human author and have a minimal degree of creativity. A work is fixed when it is captured in a "sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time." For example, a work is fixed when you write it down or record it.

The United States Copyright Office registers copyright claims, records information about copyright ownership, provides information to the public, and assists Congress and other parts of the government on a wide range of copyright issues. The Copyright Office upholds the Copyright Law of the United States (Title 17).

A variety of works are protected under copyright law, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and more. Section 102(a) of the Copyright Act specifies that copyrightable materials include the following:

• 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
• Architectural works

The copyright owner of a specific work has certain exclusive rights with respect to the work. The copyright owner has the right to reproduce the work in copies, to distribute copies of the work to the public, to prepare derivative works based upon the work, to display the work publicly, and to perform the work publicly. Copyright also provides the owner of copyright the right to authorize others to exercise these exclusive rights, subject to "certain statutory limitations."

According to the U.S. Copyright Office website, "the term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors."