Copyright and Fair Use: Copyright Basics

U.S. copyright law, as currently described in Title 17 of the U.S. Code, promotes progress by granting exclusive rights for creators for a limited period of time. Copyright applies to original work that is written, recorded, or created in any "tangible medium of expression," such as (Title 17, Section 102):

1. literary works;
2. musical works, including any accompanying words;
3. dramatic works, including any accompanying music;
4. pantomimes and choreographic works;
5. pictorial, graphic, and sculptural works;
6. motion pictures and other audiovisual works;
7. sound recordings; and
8. architectural works.

Copyright does not apply to ideas, facts, concepts, data, or processes.

In the United States copyright is automatically granted whenever you create a new original work. You are not required to register your copyright with the U.S. Copyright Office or to include a copyright statement. You can include a copyright statement to let other know that you own the copyright. For a fee, you can also you can register with the U.S. Copyright Office to protect your copyright in case there is a legal dispute in the future. If you create an original work for an employer, the employer may be the copyright holder.

Copyright owners have six exclusive rights associated with their copyrighted work:

1. The right to reproduce
2. The right to create derivative works (eg: adapting a book into a play)
3. The right to distribute copies, or transfer ownership of the work
4. The right to perform the work publicly
5. The right to display the work publicly
6. The right to perform the work publicly via digital audio transmission (if sound recording)

These rights can be transferred to to someone, in whole or in part, with a legal contract such as a publication agreement. Rights can also be shared with others though the use of a license.

Since copyright is meant to be in effect for a limited period of time, it eventually expires and previously copyrighted works enter the public domain, where they are available for use by anyone without copyright restrictions. In the U.S., the copyright term for many works is the life of the creator plus 70 years (copyright transfers to the creator's heirs). Additional works enter the public domain each year on January 1st, as their copyright terms expire. Most U.S. Government publications are in the public domain automatically. The copyright status of state government documents varies by state.

The U.S. Congress has changed the terms and requirements for copyright many times over the years, and international copyright agreements and laws may be a factor for works published in other countries. The original expiration of copyright in the U.S. was just 14 years after creation! These factors make it difficult to determine the copyright status of many works without some research. These resources provide guidance on determining copyright status:

The U.S. Congress shall have the power:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

-United States Constitution (Article I, Section 8, Clause 8).