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Copyright 101

An essential guide to copyright basics.

What is Copyright?

Copyright is one area of the law intended to protect certain types of intellectual property (IP).

  • Copyright laws vary by country, but typically have common elements.
  • Copyright is long lasting, and its terms vary based on the laws of each country.
  • Copyright laws and terms are balanced against other public "goods" or interests, such as right to information and right to expression.

Creators who have copyright of a work have exclusive rights to control some categories of use of that work by others. Often, this is referred to as "all rights reserved." Copyright law usually grants holders economic and moral rights, which include the right to make copies, to publicly perform and communicate a work, and to make adaptations or translations. These laws vary by country but typically adhere to the same formula. Copyright protects a work for a limited period of time. 

What Can and Cannot Be Copyrighted

In the US, copyright grants rights to original creative works, including: 

  • Literary works
  • Musical works
  • Artists' works and visual art
  • Dramatic works
  • Motion pictures and sound recordings
  • Collections of literary and artistic works
  • Databases
  • Software
  • IP protected by another type of law, including goods, services, and inventions
  • Creative works that are not original
  • Facts, ideas, and concepts
  • Things not fixed in a tangible form (choreography that has not been notated or recorded)
  • Familiar symbols and designs (e.g. trademarks)
  • Small variations in typographic ornamentation

How Copyright Works

Copyrighting a Work

In the US, copyright is automatic for a fixed work. This means that if you write a book or paint a watercolor, you have copyright of that work.

If you want to register your work, the portal is located here.

  • Registration of copyright is not required to gain protections under the law.
    • As soon as the work is "fixed" (i.e. written down), the creator holds its copyright.
  • Usually, the copyright holder will be the individual who created a work. 
    • Copyright can be transferred.
    • Works created on behalf of an employer typically belong to the employer (in most legal jurisdictions).
    • Copyright can be jointly held.

What Rights Do I Have?

You have six exclusive rights to your copyrighted work:

  1. The right of reproduction
  2. The right to create a derivative work
  3. The right to make a copy or transfer ownership of your work
  4. The right to perform your work
  5. The right to display your work in public
  6. The right to perform your work, including via audio transmission (digital)

Copyright Basics

Duration of Copyright

This Wikipedia page that lists the duration of copyright by country. Cornell provides additional information about copyright term in the United States (subdivided by type of work) here. 

Exceptions and Limitations

Like many countries, US law provides for certain exemptions and/or limitations to copyright law to allow for flexible use of works in copyright under specific conditions. One of the most common exemptions is called fair use or fair dealing. Works in copyright can also be licensed for use in exchange for a fee.

Orphan Works

Long terms and automatic copyright protections have led to huge amounts of "orphan works," which are copyrighted works for which the copyright holder is not known or cannot be found.

Public Domain

Works not subject to copyright are considered to be in the "public domain." Learn more about what that entails here.

Attributions

No part of this guide, intended for informational purposes only, constitutes legal advice.

Content derived from: Copyright Basics, Global Aspects of Copyright, The Public Domain, and Exceptions and Limitations to Copyright by Creative Commons. CC BY 4.0.