What is copyright?
Copyright is category of rights that protects original and creative works. There are measures written into the law about what constitutes original or creative. It includes the right to reproduce, create derivatives, distribute, publish, perform, and display a work. Copyright protects works automatically. Once a work is fixed in a tangible medium of expression, it is protected by copyright.
So copyright is the law?
Yes, it was written into the constitution to “protect the science and progress of the useful arts”. History of formal copyright laws date back to the 1710 Statue of Anne in Great Britain. Copyright law in the United States has been formalized in 17 U.S. Code §101 et seq. The Copyright Act has been updated a number of times, most recently in 1976.
What does copyright cover?
Copyright protects most creative expression including literary, musical, and dramatic works, as well as sculptures, sound recordings, motion pictures, computer programs, architectural works, and more.
Does copyright last forever?
Copyright is meant to expire. Currently, the law stipulates that copyright lasts for the life of the author plus 70 years. For works produced by a company or employer, copyright lasts 95 years from the date of publication or 120 years from creation. Works produced prior to 1978 have variable durations. The Copyright Term and Public Domain chart explains the several situations in which copyright term may vary. See the Public Domain page for more background on public domain works.
Who owns the copyright to a work?
The answer to this can always vary, but typically the author or creator own the copyright to a work. Copyright is a legal right that can be sold or transferred, so the owner may not always be the rights holder. Common situations that include a copyright transfer can include an author transferring rights to a publisher to publish a work, or selling rights to adapt a novel into a film.
Copyright ownership can also be determined by employment. Many employers own the copyright to staff works under the Work Made for Hire doctrine. There can be exceptions to that based on hiring contracts or intellectual property policies. Instructors owning the copyright to their research and teaching materials is a common scenario in many instances of higher education.
Are there works not covered by copyright?
For a work to be protected by copyright it needs to be original and fixed. It also needs to be creative, and there are a number of works that do not meet these minimums. Ideas, facts, slogans, names, and short phrases cannot be copyrighted. Neither can systems, discoveries, processes, or principles. These works be able to be trademarked or patented, but not copyrighted.