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Beattie Cordas
Copyright is a type of intellectual property that protects original works of authorship as soon as anauthor fixes the work in a tangible form of expression. In copyright law, there are a lot of differenttypes of works, including paintings, photographs, illustrations, musical compositions, sound recordings,computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!
Everyone is a copyright owner. Once you create an original work and fix it, like taking a photograph, writing a poem or blog, or recording a new song, you are the author and the owner.
It is important to know that we are all also copyright users. When we read books, watch movies, listen to music, or use videogames or software, we are using copyright-protected works.
You can also use works that are in the public domain. Works in the public domain are those that are never protected by copyright (like facts or discoveries) or works whose term of protection has ended either because it expired or the owner did not satisfy a previously required formality. Currently, all pre-1926 U.S. works are in the public domain because copyright protection has expired for those works.
Copyright exists automatically in an original work of authorship once it is fixed, but a copyright owner can take steps to enhance the protections. The most important step is registering the work. Registering a work is not mandatory, but for U.S. works, registration (or refusal) is necessary to enforce the exclusive rights of copyright through litigation. Timely registration also allows copyright owners to seek certain types of monetary damages and attorney fees if there is a lawsuit, and also provide a presumption that information on the registration certificate is correct.
There is only one place to register claims to copyright in the United States: the Copyright Office. For more information on registration benefits and procedures, please see our Copyright Registration Circular.
Patent and trademark are other types of intellectual property that may cover works and are considered separately from copyright eligibility. For example, patents, which are granted by the government, protect certain inventions or discoveries, designs for articles of manufacture, and plant varietals. Trademark law, on the other hand, protects words, names, symbols, or devices used in trade with goods or services to indicate the source of the goods and to distinguish them from the goods or services of others. For more information on these other types of intellectual property, take a look at the United States Patent and Trademark Office's patent and trademark information.
The Copyright Office also records documents related to Copyright. This is known as Recordation, and means that the Office reviews and accepts documents, and keeps a record of, the documents people provide. Recordation relates to three different kinds of documents: transfers of copyright ownership, other documents relating to a copyright, and notices of termination, which authors or their heirs use when terminating certain transfers or licenses.
The Copyright Office website, copyright.gov, is the definitive source of copyright information. If you need additional assistance, the Public Information Office is available to help. You can contact us online, call at (202) 707-3000 or 1-877-476-0778 (toll free), or visit the Office in Washington, DC, in the Library of Congress Madison Building. Staff is available Monday through Friday, 8:30 a.m. to 5:00 p.m., except federal holidays. Want to learn more about the Copyright Office and what we do? Visit our overview page, where you can discover how we have been helping the public since 1870.
Onsite Services in our offices in Washington, DC, are available by appointment. To submit claims, request certified copies of certificates or copyright deposits, or request searches, visit our Public Information Office by making an appointment here. Copyright Office Reading Room services are available in the James Madison Memorial Building, room LM-463.
This featured video highlights The Orrin G. Hatch-Bob Goodlatte Music Modernization Act (Music Modernization Act) the most significant piece of copyright legislation in decades and updates our current laws to reflect modern consumer preferences and technological developments in the music marketplace.
A copyright is a type of intellectual property that gives the creator of an original work, or another owner of the right, the exclusive, legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time.[1][2][3][4][5] The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself.[6][7][8] A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders.[9][10][11][12][13][better source needed] These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution.[14]
Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by the law of a certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent.[15]
Typically, the public law duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction. Some countries require certain copyright formalities[5] to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain.
The concept of copyright developed after the printing press came into use in Europe[16] in the 15th and 16th centuries.[17] It was associated with a common law and rooted in the civil law system.[18] The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re-set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented the incomes of many academics.[19]
Printing brought profound social changes. The rise in literacy across Europe led to a dramatic increase in the demand for reading matter.[16] Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience.[19] In German language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success.[19] After copyright law became established (in 1710 in England and Scotland, and in the 1840s in German-speaking areas) the low-price mass market vanished, and fewer, more expensive editions were published; distribution of scientific and technical information was greatly reduced.[19][20]
The concept of copyright first developed in England. In reaction to the printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662,[16] which required all intended publications to be registered with the government-approved Stationers' Company, giving the Stationers the right to regulate what material could be printed.[21]
The Statute of Anne, enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in the US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989.[22]
Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se.[23]
Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for a fixed period, after which the copyright expired.[24] It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without the Consent of the Authors ... to their very great Detriment, and too often to the Ruin of them and their Families:".[25]
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