Introduction

A Copyright is a form of protection provided by the laws of the United States to authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Material not protected by copyright (or otherwise protected) is available for use by anyone, without the author's consent. On the other hand, an author of a copyrighted work may prevent others from copying, performing our otherwise using the work without the author's consent.

Copyright FAQs

What works are protected by copyright?

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

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

8.       architectural works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

Why should I get a copyright?

The owner of a copyright has the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
• In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

How long does copyright protection last?

Works Originally Created On or After January 1, 1978 - For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

Works Originally Created Before January 1, 1978, But Not Published or Registered By That Date - For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years, but in no case will expire earlier than December 31, 2002. If the work is published before December 31, 2002, the term will not expire before December 31, 2047.

Works Originally Created and Published or Registered Before January 1, 1978 - For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date that copyright was originally secured.

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