Copyright for Undergraduates

United States copyright law has its foundation in the Constitution (Article 1, Section 8), where Congress was granted the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Creators (referred to as "authors" in US copyright law) are granted six exclusive rights:

1. To make copies of the work
2. To create derivative works (new works based on the original work)
3. To sell, distribute, rent, lease, or lend copies of the work
4. To perform the work in public
5. To display the work in public
6. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

Creators can also choose to transfer some or all of their rights to others, temporarily or permanently, through the use of a license. 

Anyone who wants to use a copyrighted work in one of the ways listed above will need the copyright owner's permission, unless their use falls under one of the exceptions found in copyright law.

The following categories of works are eligible for copyright protection:

• Literary works
• Musical works (including any accompanying words)
• Dramatic works (including any accompanying music)
• Pantomimes and choreographed works
• Pictorial, graphic and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

Copyright law only protects “original works of authorship fixed in any tangible medium of expression.”

• "Original" means the work originated from the creator's mind and has at least a minimal degree of creativity. It is not necessary for a work to be so unique that nothing like it has ever been created before, but it must be independently created and not copied from another work. Although two works may happen to bear a strong resemblance to one another, they can both be eligible for copyright protection as long as neither was copied from the other.
• "Fixed in any tangible medium" means the work has been captured in a way that allows it to be perceived, copied, or communicated for more than a short time. For example, a work could be fixed by being written on paper, painted on a canvas, recorded on film, or saved in a digital format.

Copyright protects expression, not the underlying ideas or facts that are being expressed. Creators can use ideas or facts found in other works, but they cannot copy the exact expression from another work.

Copyright does not protect:

• Works that are not fixed in a tangible form
• Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries
• Titles, names, titles, and short phrases
• Typeface, fonts, and lettering
• Familiar symbols and designs

The public domain consists of all works that are not protected by copyright, whether their copyright protection has expired or they were never eligible for copyright protection (which includes most works created by the federal government). All works in the public domain are free to be copied and used without restriction. Works published in the United States prior to 1928 are in the public domain. 

Copyright does not last forever, but determining when a work's copyright expires can be complicated.

The basic term of copyright is the life of the author plus 70 years. For works created by employees acting within the scope of their employment (known as "corporate works") copyright protection lasts for 95 years from publication or 120 years from creation, whichever expires first.

However, there are many more rules to consider for works created before 1978 (when the Copyright Act of 1976 went into effect), foreign works, and sound recordings.

As soon as you have fixed your original expression, it receives copyright protection. You do not have to register your work or place a copyright symbol or notice on it, and it does not matter if your work is published or unpublished. 

However, placing a copyright symbol or notice on your work can help others recognize that the work is copyrighted and help them identify you as the copyright holder in case they want to request permission to use your work. A copyright notice (such as Ⓒ 2016 Jane Doe) informs the public that a work is protected by copyright, shows the year of first publication, and identifies the copyright owner.

In addition, registering your copyright with the United States Copyright Office creates a public record of your copyright claim and provides additional legal benefits in case you should need to take legal action to protect your work