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Lesson 4 of 5

Copyright Law

Copyright Law

Copyright protects original works of authorship fixed in a tangible medium of expression. It is one of the most widely applicable forms of intellectual property protection.

What Copyright Protects

Copyright covers a broad range of creative works:

  • Literary works — books, articles, blog posts, software code
  • Musical works — compositions and lyrics
  • Dramatic works — plays, screenplays
  • Artistic works — paintings, photographs, sculptures
  • Audiovisual works — movies, television shows, video games
  • Sound recordings — recorded performances
  • Architectural works — building designs

    • Copyright protects the expression of ideas, not the ideas themselves. You cannot copyright a fact, concept, system, or method of operation.

    How Copyright Arises

    Copyright protection is automatic — it attaches as soon as an original work is fixed in a tangible medium (written down, recorded, saved to a hard drive). No registration is required for protection.

    However, registration with the U.S. Copyright Office provides important benefits:

  • Establishes a public record of the copyright
  • Required before filing an infringement lawsuit (for U.S. works)
  • Enables recovery of statutory damages and attorney's fees
  • Creates a legal presumption of validity if registered within five years of publication

    • Duration of Copyright

    For works created after January 1, 1978:

  • Individual authors — life of the author plus 70 years
  • Works for hire and anonymous/pseudonymous works — 95 years from publication or 120 years from creation, whichever is shorter

    • Fair Use

    The fair use doctrine (17 U.S.C. § 107) permits limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Courts consider four factors:

    1. The purpose and character of the use (commercial vs. educational; transformative vs. copying)

    2. The nature of the copyrighted work

    3. The amount used relative to the whole work

    4. The effect on the market for the original work

    Digital Copyright Issues

    The Digital Millennium Copyright Act (DMCA) addresses digital copyright challenges:

  • Prohibits circumvention of technological protection measures (DRM)
  • Establishes a notice-and-takedown system for online copyright infringement
  • Provides safe harbors for internet service providers that comply with takedown procedures

    • Quiz: Copyright Law

    Question 1 of 3

    How long does copyright last for an individual author?