What Is Copyright, and How Does It Work?
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While copyright law is in effect, it protects unauthorized users from distributing or copying an original creation. This typically lasts for about 70 years past the owner’s lifetime. But copyright law only applies to original works in a concrete form, and there are exceptions to copyright depending on the circumstance in which a person plans to use the work.
On May 31, 1790, the U.S. Constitution established the law that creators may reap the benefits of their intellectual creativity for a set amount of time. This law was known as the Copyright Act.?
Since then, copyright law in the U.S. has evolved. But the end goal remains the same – safeguarding ownership of artistic and expressive work.
Copyright helps protect a creator’s work from duplication or unintended use. It seeks to provide rights to authors, so they have more control over how or when their works are available to the public. In this way, it protects the value of the work and prevents unlicensed copies or credit.?
Copyright is essential for fostering intellectual creativity by encouraging authors to work freely and gain recognition for their efforts.
How Copyright Works
Copyright is the legal right to the owner of a created material or “original work.” This covers unpublished or published works.
Artists have the rights over what they create and may choose when to publish, reproduce or print so long as they have the copyright.
The author of an original work is the owner inherently, but this person can transfer the copyright to others. Members of the public may also ask copyright owners directly to use an original work. If the owner gives permission, this is also perfectly legal.
In short, the intellectual property owner has the exclusive right to that property, and others may not legally use it unless the owner says so. But owners can still make copies of the work for distribution and perform or display it in public as they see fit.?
Duration of Copyright
Different copyright standards apply depending on when the owner secures copyright protection.?
Works created on or after January 1, 1978: These works have copyright for the rest of the owner’s life and 70 years after death . If more than one person created the original works, the term lasts 70 years past the last surviving creator’s death. Works made for hire have copyright for 95 years after publication or 120 years after creation (whichever is shorter).
Works not published or copyrighted before January 1, 1978: All works in this category maintain at least 25 years of protection under copyright law. But since the law automatically gives federal protection to works created before this date, the duration is generally the same as registered works.
Works under statutory protection before 1978: Any original work with copyright before the Copyright Act will often retain the system under the previous copyright law (the Copyright Act of 1909). The specific duration of copyright for works in this category will depend on the year and original works type.
Copyright vs. Patent vs. Trademark: What Are the Differences?
Copyright law does not encompass everything, so other laws, like patent or trademark law, are essential to impose additional consequences on people using works or ideas illegally.
Here are the key differences between these forms of protection:
A new medication would need patent protection. Song lyrics would need copyright protection. Examples of common trademarks include the phrase “I’m lovin’ it” from McDonald’s or the word Twitter.?
Work Types Subject to Copyright
For copyright law to apply, the creator must create the original in a way that others could reproduce, view or hear it in the future. This creates proof that the original works “exist” and are more than just ideas. The work subject to copyright law includes:
Remember, copyright doesn’t protect facts, methods or ideas. Instead, it protects how people articulate these things in a tangible way (i.e., written down or saved on a hard drive).?
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Exceptions to Copyright
There are exceptions to copyright depending on the type of original works and the intended use of the works. Here are the most important exceptions anyone should know if they want to use copyrighted materials and cannot obtain permission from the owner.
Fair Use
Fair use means the use of copyrighted material without permission . This helps prevent applying copyright so stringently that people cannot be creative, which is the whole point of copyright law.?
With fair use, people may build upon prior works when it does not deprive the previous copyright owners of the right to benefit from these new works. The following factors determine if the use of copyrighted materials falls into this category:
Parody
Parody is when artists humorously create social commentary or literary criticism by imitating another work. Under the First Amendment, parody has protection. But parodies usually rely strongly on the original works, so parodists?use the fair use exception ?to prevent?copyright infringement ?claims.?
Education
The Classroom Use Exemption applies in limited situations but has clear rules. Instructors and students can perform or display original works in a classroom at a nonprofit educational institution for an in-person audience.
Instructors may play movies and music for students if their copies are legitimate. They may also show students original images or artwork. Alternatively, students may perform music, poetry or scenes from created works.?
News
The news presents facts; since copyright law?does not protect facts or information , journalists and reports may use copyrighted materials to present information to the public. Copyright law allows this when:
Libraries
After a creative work has one copy, people can redistribute it as much as they would like. Therefore, the government permits libraries to lend materials to anyone in the community.?
Libraries must remove or disable access to any copyright-infringing materials and license or own the items they provide.
Final Thoughts on Copyright
Copyright is a beneficial law helping people defend and protect their creations in the U.S. Other countries have their copyright laws, but their specific limitations and protections may vary.
In the U.S., as long as an original work has at least some creative elements and independent creation (rather than existing as a copy), it qualifies as an original work entitled to copyright protection. The length of this protection will depend on certain factors, but it commonly keeps rights for the duration of the author or creator’s life plus 70 years.
Creators can rest assured people cannot exploit the work they spend time and effort making. While keeping copyright limitations in mind, intellectual property owners can rely on copyright law to protect their property from harmful use.
Top Takeaways
What is copyright, and how does it work?
(Reporting by NPD)