Copyright is a form of intellectual property that safeguards original works of authorship as soon as they are fixed in a tangible form of expression. This protection covers a wide variety of creations, including paintings, photographs, illustrations, musical compositions, sound recordings, software, books, poems, blog posts, films, architectural designs, plays, and many other types of works. Copyright protects expression, and never ideas, procedures, methods, systems, processes, concepts, principles, or discoveries.
A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it.
Examples of copyrightable works include:
In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus 70 years after the author’s death.
If the work is a joint work with multiple authors, the term lasts for 70 years after the last surviving author’s death. For works made for hire and anonymous or pseudonymous works, the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.
For works created before January 1, 1978, that were not published or registered as of that date, the term of copyright is generally the same as for works created on or after January 1, 1978. The law, however, provides that in no case would the term have expired before December 31, 2002, and if the work was published on or before that date, the term will not expire before December 31, 2047. For works created before January 1, 1978, that were published or registered before that date, the initial term of copyright was 28 years from the date of publication with notice or from the date of registration. At the end of the initial term, the copyright could be renewed for another 67 years for a total term of protection of up to 95 years. To extend copyright into the renewal term, two registrations had to be made before the original term expired: one for the original term and the other for the renewal term. This requirement was eliminated on June 26, 1992, and renewal term registration is now optional.
Copyright does not protect:
U.S. Copyright Office
Overview of copyright law by the U.S. Copyright Office
Columbia University Libraries' guide on copyright
by Michael Brewer, American Library Association Office for Information Technology Policy - Copyright Advisory Committee
Official blog of the U.S. Copyright Office exploring a wide variety of copyright-related topics.
Blog of Kyle K. Courtney, Copyright Advisor, Harvard Library, Harvard University.
This guide is designed to provide basic, general information about copyright, and does not constitute legal advice, it is for reference purposes only. The links to third party sites in this guide are provided for your convenience. Klinck Memorial Library does not take responsibility for the content of these other sites.
Created November 20,2024 by Ann Berens & Erika Quintana