Overview
This overview explains the fundamentals of copyright, comparing it with trademarks and patents, outlining what is protected, requirements for protection, and rights granted to authors. It also covers registration benefits and key exceptions to copyright rules.
Intellectual Property Types
- Copyright protects creative works such as books, movies, music, sculptures, and software.
- Trademarks prevent confusingly similar branding and help consumers identify the source of products or services.
- Patents protect inventions, processes, methods, machines, and devices.
Copyright Law Foundations
- Copyright law is federal, rooted in the U.S. Constitution to promote culture and knowledge.
- The law is found in Title 17 of the United States Code.
- Copyright is recognized as a driver of free expression.
Requirements for Copyright Protection
- The work must be independently created by the author.
- It must show at least minimal creativity ("modicum of creativity").
- The work must be fixed in a tangible medium, not too short or transitory.
What Copyright Protects and Excludes
- Protected works: literature, music and sound recordings, drama, pictorial/graphic/sculptural works, films, pantomimes/choreography, architectural works.
- Not protected: ideas, methods, procedures, systems, concepts, discoveries, facts, names, titles, short phrases, typefaces, fonts, blank forms, and familiar symbols.
Copyright Rights and Duration
- Copyright grants exclusive rights to reproduce, sell, display, and perform the work, or to authorize others.
- Terms generally last life of the author plus 70 years; 95 years from publication or 120 years from creation for works made for hire or anonymous works.
Registration and Legal Benefits
- Copyright protection is automatic upon fixation, but registration creates a public record and is required to file a lawsuit in the U.S.
- Timely registration provides legal presumptions and eligibility for certain damages and attorney’s fees.
Exceptions and Limitations
- Fair use allows limited use for purposes like news reporting and parody.
- The first sale doctrine permits owners to resell or otherwise dispose of a legally acquired copy.
Additional Resources
- Detailed information and registration assistance are available at copyright.gov or by calling the provided phone numbers.