Frequently Asked Copyright Questions and Answers
What is Copyright?
Copyright is the legal right to creative works which you have authored, produced, or made. It is an exclusive right which grants the creator of an original work sole rights to its distribution and use.
What Is Protected By Copyright?
- Works of art (paintings, graphical works, photographs, sculptures, architectural plans, posters, advertisements, etc.)
- Works of literature (books, poems, magazine articles, blogs, etc.)
- Musical works (including lyrics)
- Dramatic works (plays, screenplays, speeches, routines, etc.)
- Choreographed pieces (dance, pantomime, etc.)
- Audiovisual works (films, movies, television shows, etc.)
- Audio recordings
- Architectural works (buildings, structures)
- Computer programs, software, and websites
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How Do You Copyright Something?
You don't! Copyright law automatically applies to those creative works which qualify for protection. Your work is copyrighted as soon as it has been "fixed in a tangible medium of expression". That is the legalistic way of saying that your work is copyrighted as soon as it has been produced in a form which can be seen or heard by others. Aside from writing it down/recording it/painting it/etc., you don't have to do anything for the work to be protected by copyright.
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What Does Copyright Protect, Exactly?
Copyright prevents others from being able legally to:
- Reproduce your work directly.
- Sell or distribute copies of your work
- Produce derivative works based on your work
- Performing or displaying copyrighted works.
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How Do I Ensure My Copyright Protection?
While copyright is awarded automatically, there are several things you can and should do to make sure your copyright is protected.
- Give Notice. You've probably seen the copyright logo, the encircled. This logo is a way of giving proper notice of copyright to anyone who might be viewing your work. Proper copyright notice consists of the copyright logo and/org the phrase 'copyright', along with the year of publication and the author's name. eg.: © Copyright Cad Crowd 2015
- Put Notice in Proper place. You are not required to put a copyright notice on copies of your work. However, doing so makes it impossible for a thief to claim that their copyright infringement was accidental. It is strongly advisable to include a proper notice of copyright.
It isn't critical exactly where the copyright notice has been put, as long as it can reasonably be expected to be seen by a viewer. You want someone curious about the work's copyright to be able to figure it out easily. Below are examples of where copyright notices are typically found.
- Works of art: Lower right-hand corner of pieces is conventional, or at the base of sculptures.
- Works of literature/Printed works: Copyright is usually found on the title page, on the back of the title page, or on the back cover.
- Musical works: Copyright notice is usually given on the physical medium (CD, album) as well as the packaging.
- Audiovisual works: Notice is typically given both during the opening and closing credits
- Computer Programs/Software/: Usually given on the opening screen, as well as on physical media and packaging.
- Websites: Usually found at the very bottom of the page (scroll down to the bottom of this page to see an example)
- For any other copyrighted work, place the notice somewhere where it can easily be seen.
- Register the copyright. Learn more below.
How To Register a Copyright
The best way to register copyright is to use the Copyright Office's e-filing system, called eCo (electronic Copyright Office). It is still possible to file in paper the old-fashioned way, but it is easier and cheaper to use the electronic filing system (there is a discounted price for online filings compared with paper filings). For more information, visit the U.S Copyright Office's eCo page. See our Copyright Registration page for more information on paper filing.
There are a few pieces of information you need whether you choose electronic or paper registration:
- The title of the work
- The year of its creation
- If the work was published, the date and country of publication
- Each author needs:
- Name
- If the work was a "work for hire", then the author is the employer
- Year of birth (if applicable)
- Year of death (if applicable)
- Citizenship
- Which part of the work the author was responsible for (if applicable)
- For each copyright claimant:
- Name
- Address
- Explanation of how the claimant obtained copyright, if not an author.
- Declaration of any piece of the work which was previously registered for copyright, if any
- Contact information for anyone seeking permission to use the work (optional)
- Address to mail Registration Certificate to
- A copy of the work to be registered, or "identifying material" for those works which cannot be filed (sculptures, buildings, etc). If you're filing through eCO, the copy is uploaded electronically. PDFs and JPGs are the preferred formats for electronic filing.
- The applicable Copyright Office filing fee
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What Cannot Be Copyrighted?
There are certain types of work which are not eligible for copyright protection.
- Titles, Names, Slogans, and Phrases cannot be protected by copyright. You can't really claim exclusive ownership of words in the language. However, these are sometimes eligible for trademark protection.
- "Functional Elements" of a machine or invention cannot be copyrighted. Only a description of such elements is eligible for copyright protection. You might, however, be able to apply for a Utility Patent.
- Designs of useful objects are not copyrighted. However, you may apply for a Design Patent.
- Ideas, Themes, Concepts, Topics, and Subjects, broadly speaking, cannot be copyrighted. You cannot, for example, copyright the concept of a Victorian romantic comedy, though you can copyright a specific expression or instantiation of that theme — ie, a specific story. Contact one of our intellectual property attorneys for more information.
- Abstract Characters cannot be copyrighted. Drawings, artwork, or stories featuring those characters can, of course, be copyrighted, but not the abstract characters themselves.
Characters can be protected by copyright, provided certain conditions are met:
- The character must be more than a generic or stock character. That is to say, an archetype of a vague character is not copyrightable. For example, an angry police chief, a wandering knight-errant, or a womanizing secret agent are too vague to be copyrighted.
- The character must be sufficiently robust, "fleshed out", and delineated. There must be sufficiently unique identifying features (age, appearance, history, name, etc) that amount to a wholly distinctive character description. Other authors may still make use of the base stock character out of which a fully developed character was built.
It can be difficult to determine exactly where the line is between reproducing the unprotectable generic traits of a stock character and infringing on a copyrighted work. Connect with our network of attorneys if you have specific questions about character copyright.
- Recipes cannot be copyrighted. A cookbook can be protected, however. Recipes are considered to be either a collection of facts or a functional description and are therefore not copyrightable.
- Facts cannot be copyrighted, for obvious reasons. The arrangement or composition of facts can be protected, however. The example of recipes and cookbooks illustrates this distinction.
- US Government publications are not protected by copyright and are considered in the public domain. Anyone may use or copy them.
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Who Is the Owner of a Copyright?
By default, it is the author or authors of a piece of work who owns the copyright. The author may be the person who wrote/painted/produced the copyrighted work, or in the case of work "made for hire", the firm or individual who hired the creator for that purpose. Whether a work was "made for hire" is a technical question, and you should consult an attorney before contracting for copyrightable work.
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What Is the Duration of Copyright?
Currently, copyright in the United States lasts for the lifetime of the author plus 70 years. Works that are made for hire are indexed only to the date of publication/creation. The term for works for hire is 95 years after publication or 120 years after creation, whichever comes first. Please note that different rules apply for copyrights originating before 1978.
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How Can You Tell if Something is Copyrighted?
It's a pretty good bet that anything published since 1922 that isn't explicitly released into the public domain is copyrighted. Works created after 1978, unless specifically designed public domain, will be protected by copyright. It is more difficult to determine the exact situation with works published before 1978, however, usually the term of copyright is the life of the author plus 70 years, or December 31st, 2002, whichever comes last.
If in doubt, contact an attorney.
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What is "Fair Use"? When Can You Use Copyrighted Materials?
Fair use is a doctrine established to allow for the use of copyrighted materials in educational contexts or in other instances where the intent is not to infringe on copyright. This includes quoting for research, criticism, journalism or teaching, as well as the right for teachers to create copies for distribution in a classroom. While you may be allowed to quote a selection from a book, you can't replicate entire chapters or extended sections, however.
Fair use is not a rigidly defined legal concept, and so there is some play on a case by case basis. However, there are some factors to look for in trying to establish whether a specific type of usage would be permissible.
- The use is intended to be educational or non-commercial.
- Whether the work itself is of a character that one might reasonably expect to be protected in the context of the intended use.
- How much of the copyrighted material is being reproduced or used (it should be no more than is necessary to accomplish goals which could reasonably be considered "fair use").
- Whether the use in this context will negatively impact the market value of the copyrighted work.
Fair use is a murky area, in that the issue of fair use only comes up in a context where you would otherwise be committing copyright infringement. The risk of getting yourself into trouble is pretty high. In general, it is best to avoid using copyrighted material unless you acquire permission to use it.
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What Is Public Domain?
Public domain refers to the status of works whose copyright has expired or to works who are released by their authors from any copyright protection. Public domain texts, images, and works can be reproduced, copied, distributed and modified without any limitations by anyone without the need to seek prior permission. The idea is that work in the public domain belongs to the public. That means:
- You do not need permission to distribute, copy or use public domain works. Yes, you can even reproduce entire books.
- Anyone may modify any public domain works to creative derivative works, which can then be copyrighted.
- No one may copyright a piece of work which is already in the public domain (though anyone may copyright modifications of anything in the public domain)
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What Are The Penalties for Copyright Infringement?
There are various different actions that can be taken against a copyright infringer.
- An injunction may be issued, barring the infringer from continuing selling or using the copyrighted material
- Compensation may be awarded to the owner of the copyright at the expense of the infringer. This can take the form of either
- Actual damages: loss of copyright holder's profits plus the profits brought in by the infringer
- Statutory damages: a penalty to be paid to the copyright holder by the infringer as punishment for copyright infringement, irrespective of actual profit loss on the part of the copyright holder. Fines can be as high as $150,000 for intentional violations of copyright law.
- Criminal Penalties of up to 5 years in prison for a first offense, 10 years for a second offense, plus applicable criminal fines (which can be thousands of dollars).
- Impounding or destruction of infringed materials may occur.
- Beyond all that, a copyright infringer must pay court fees and legal fees.
There is a statute of limitations of 3 years for civil copyright infringement, and 5 years for criminal cases. Long story short, it isn't worth the risk.
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