Therefore, while copyright law does grant you and other creators protection of your rights to the work you have already produced, the primary purpose is to encourage a continuing expression of new ideas.
Literary works; Musical compositions; Dramatic works; Sound recordings; and Architectural works. [2] X Research source
Your rights to a copyrighted work are limited by the “fair use” doctrine, among other things. [4] X Research source That means that other people can use some or all of your original work for various limited purposes including: Criticism; Commentary; News reporting; Teaching (in a non-profit school); Scholarship; and Research. [5] X Research source Your rights are also limited by “first sale”, meaning you cannot prevent others from reselling copies of your works, once you have sold them. Many software products are therefore not actually “sold”, but rather “licensed” to end-users, often restricting the right of further resale. Your right to prevent distribution of copies or public performances are subject to other limitations, by statute. For instance, you may not use copyright laws to prevent performance of your non-dramatic songs in a church ceremony, or certain non-profit performances. You cannot use copyright law to prevent someone from making a backup copy of computer software, provided they follow the rules.
Works published in the USA prior to 1923 have no US copyright, other than certain sound recordings covered by state laws until 2067. For writings created after 1977, a copyright will last for the life of the author (or last surviving author of a joint work) plus another 70 years. [7] X Research source If your writing was a work for hire (meaning a writing specifically commissioned under a written contract or completed as part of an employment agreement) or is published anonymously, the copyright will last either 95 years from publication or 120 years from creation. [8] X Research source If your work was published after 1922 but before 1978, it will be protected for 95 years from the date of publication, assuming it was published with the required copyright notice and (if prior to 1964) was properly renewed in the Copyright Office in its 28th year. [9] X Research source However, if the work was created in this period but not published, the copyright will last for the life of the author plus 70 years. [10] X Research source Note that copyright duration in other countries varies, but is generally not less than 50 years from publication or from the death of the author, by treaty. Some may be 95 or 100 years after the authors’ deaths. [11] X Research source
In order to create something, it does not have to be written down (or “fixed”). You can create an original work by simply thinking or speaking about it. Mere creation, however, does not make something copyrightable.
For example, a writing will be fixed when it is printed on paper or when it is stored on a computer. [16] X Research source Examples of works that are not fixed include speeches that are not transcribed and live, unrecorded performances of music. [17] X Research source In general, all you need to do is create a work of authorship and write it down or otherwise record it somewhere. This will automatically create copyright protections. In theory, you do not need to own the original copy in order to own the copyright. For example, if you publicly perform some original music and an audience member records it, you own the copyright of that recording.
Ideas; Facts; Works whose copyright term has expired; Works of the United States Government; Laws; Works that authors have clearly and irrevocably dedicated to the public; Procedures; Processes; Systems; Methods of operation; Concepts; Principles; and Discoveries. [18] X Research source [19] X Research source For example, you might write a book that describes a new system of bookkeeping. [20] X Research source Your copyright protection would extend to your description of the system but not to the system itself. [21] X Research source Similarly, you may be the author of an original computer program, including an HTML web page, but you only own the copyright for the parts that are “creative” and “original”, not the standard segments necessary for the basic operations of the system.
Although registering your copyright is voluntary, there are reasons you might want to take that step. [23] X Research source For example, you must have registered your US copyright if you want to bring a copyright-infringement suit against someone who is unlawfully using your work. [24] X Research source You can register your copyright at any time during the copyright period. [25] X Research source Early copyright registration provides additional rights related to statutory damages, allowing you to claim some amount of damages without actually proving any.
Lack of a proper copyright notice, including intentional misstatement of the publication date, resulted in the immediate loss of copyright. Similarly, failure to file a renewal notice in the proper year, if published prior to 1964, resulted in loss of copyright at the end of that year. This is one reason the “Happy Birthday” song became public domain. U. S. law no longer requires copyright notice upon publication. [28] X Research source A written work, whether published or not, is now presumed to be copyrighted unless the author or copyright owner clearly indicates to the contrary. [29] X Research source [30] X Research source Technically, such a work remains copyrighted, by law, but the owner has waived the right to enforce it to varying extent. To indicate that you will not enforce your copyright, you can note on the work that it can be “freely copied” or words to that effect. [31] X Research source As noted in the cited reference, such a disclaimer is effectively a license for the public use, whether or not restricted by its terms (e. g. , only for non-commercial use).
The United States Copyright Office website has a great tutorial you can utilize, which gives you step-by-step instructions on how to complete the application. [35] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source
The basic online registration fee ranges from $35 to $55. [38] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source Specialized registrations will cost between $25 and $400, as explained on the Copyright Office website. [39] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source
