The Basics
- What is copyright?
- What is covered by copyright?
- What is not covered by copyright?
- Do I have to do anything to get my work copyrighted?
- How do I register my copyright?
- How long does copyright last?
- How do I know if the work I want to use is copyrighted?
What is copyright?
Copyright is a form of legal protection that allows authors, photographers, composers, and other creators to control some reproduction and distribution of their work.
There are several different rights that come along with copyright. In general, copyright holders have the exclusive right to do and to authorize others to do the following 5 Basic Rights:
- Reproduce the work in whole or in part
- Prepare derivative works, such as translations, dramatizations, and musical arrangements
- Distribute copies of the work by sale, gift, rental, or loan
- Publicly perform the work
- Publicly display the work
These rights have exceptions and limitations, including the "fair use" provisions, which allows certain uses without permission of the copyright holder. (from U of Michigan)
What is covered by copyright?
Any content you create in a tangible format! Not only scholarly work, but even your to-do list at home, your monthly report, your email messages, your child’s art work or notes you take at meetings and presentations.
What is not covered by copyrighted?
There are many things that are not protected by copyright, including:
- Facts and ideas
- Titles
- Processes, methods, systems, and procedures
- Constitutions and laws of State governments
- Materials that have passed into the public domain (U of Mich)
Do I have to do anything to get my work copyrighted?
No! Copyright protection is automatic, but if you wish, you can register with the U.S. Copyright Office. You also may provide a copyright notice, for example: © 2005 Trisha L. Davis
How do I register my copyright?
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:
- Registration establishes a public record of the copyright claim.
- Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
- If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
- If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
- Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired. (from US copyright office)
How long does copyright last?
The term for copyright protection has changed over the years. Currently, copyright lasts from the moment a work is created until 70 years after the death of the author, except for works produced by a company/employer in which case the copyright lasts 95 years from the date of publication. The resources listed below give a more complete view of the terms for copyrighted materials
- The University of Minnesota: Copyright Term and the Public Domain in the United States: This chart gives a detailed view of the various terms for copyrighted materials
- Cornell: Copyright Term and the Public Domain in the United States : This is another chart that gives a detailed view of the various terms for copyrighted materials
How do I know if the work I want to use is copyrighted?
Copyright has expired for works published in the United States before 1923, which means they are in the public domain. You are free to use or reproduce works in the public domain however you want. In addition, some works published between 1923 and 1963 may also be in the public domain, but this can only be determined on a case-by-case basis. All works created after 1963 are under copyright, except for work produced by the U.S. government, and state constitutions and laws. (from U of Michigan)
- Stanford: Copyright Renewal Database: This links to a searchable database that can be used to check if a specific title is still under copyright. This database only includes titles that have filed a renewal of copyirght with the U.S. Copyright Office
- United States Copyright Office: Search Copyright Information : This links to the U.S. Copyright Office's own searchable database of all materials that have been copyrighted since January 1, 1978. It also includes information for searching for titles copyrighted prior to January 1, 1978.