Copyright is a form of intellectual property that provides protection to original*, fixed works. A work is fixed when it takes a tangible form of expression. There are many types of works recognized within copyright law, including:
… And much more!
Copyright does not protect every work. Things like facts, ideas, or utility-based items are not protected. Works in the public domain, including all works produced by the U.S. federal government, are also unprotected by copyright.
*According to the U.S. Copyright Office, “works are considered original when they are independently created by a human author and have a minimal degree of creativity”.
Copyright owners have the following rights according to U.S. law:
Duration of copyright protection varies depending on when the work was created. Currently, any work created after January 1, 1978, maintains copyright protection for the life of the author plus seventy years. More information about specific copyright terms can be found on Cornell University Library’s guide to Copyright Term and the Public Domain.
As soon as you create a work that meets the criteria for copyright, it is protected. In many cases, the creator of the work is the owner of the copyright. If the work is created while acting within the scope of employment, the employer would be considered the author of the work and own the copyright (unless otherwise stated).
While copyright law protects applicable works immediately upon creation, it is also possible to register a work with the U.S. Copyright Office. Copyright infringement lawsuits require works to be registered before filing can occur. See the U.S. Copyright Office’s Copyright Registration Circular for more information.
We all use copyright-protected works. Anytime we read a book, watch a movie, or listen to music, we are acting as copyright users.
However, if you wish to use copyright protected work in a capacity that is protected by copyright ownership, you have a few options. In addition to seeking permission for use, there are exceptions in the Copyright Act that allow works to be used in specific scenarios, including fair use (see the next section of this libguide for more information).
You might also stick to using works that are in the public domain, which are not under copyright protection (see the Public Domain section of this libguide for more information).
Nothing in this guide or the linked resources is intended to provide legal advice.
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