What is copyright?

In the United States, copyright was established in the U.S. Constitution, Article, 1, Section 8, Clause 8: 

"Congress shall have power...to promote the progress of science and useful arts, by securing for limited time to authors and inventors the exclusive right to their respective writings and discoveries."

The purpose of copyright is to motivate people to produce new creative work knowing that they have a right to benefit from it. In the spirit of promoting creativity, experts agree that enforcement of copyright law should not be so aggressive that it undermines creativity and sharing of knowledge, so there are some acceptable ways to reuse copyrighted works in a limited way, known as fair use. 

What works are protected by copyright?

U.S. Copyright Law is designed to protect works of "original authorship that are fixed in a tangible expression." The concept of "a work" includes literary, musical, dramatic, photographic, digital, sculptural, architectural, and choreographic works, as well as software, motion pictures, sound recordings, and other audiovisual works. Creators of works automatically are granted copyright at the moment their eligible work is expressed in a tangible form. Creators are free to include the copyright symbol—©—within or nearby their eligible copyrighted work in order to notify viewers.

Ever since January 1, 1978, the copyright on a work lasts for 70 years after the death of an individual creator. However, if an employee or contractor creates a work "for hire," then the employer or contracting entity owns the copyright. For works owned by an employer or contracting entity, as well as for works published anonymously or pseudonymously, the copyright remains in effect for 95 years after publication or 120 years after it was originally created, whichever term expires first. For more information, consult the FAQ page at the U.S. Copyright Office website.

According the US Copyright Office, copyright gives the author/owner the following exclusive rights:

• to reproduce the work
• to prepare derivative works 
• to distribute copies or recordings of the work through sale, rental, lease, or lending
• to perform the work publicly
• to display the work publicly (this would include posting on an internet site)
• to broadcast a work publicly (this would include streaming on the internet)

For further information, consult the Cornell Law School Legal Information Institute's annotations on Article 1, Section 8, Clause 8 of the Constitution.

What works are not protected by copyright?

In "Circular 1: Copyright Basics," the US Copyright Office indicates that the following items (and others) are not covered by copyright.

• works that lack a sufficient amount of creativity (such as a really basic shape)
• works that are not fixed in tangible form 
• names, titles, short phrases, slogans, list of ingredients or contents, family symbols or designs, variations of typography, coloring or lettering
• facts and ideas within a work
• procedures, methods, systems, processes, principles, discoveries, devices, or assets apart from a description, explanation, or illustration (innovators may be able to obtain patent protection for certain kinds of innovations under US patent law, as explained here at the Cornell Legal Information Institute)
• works consisting of information that is common property and containing no original authorship (for example, standard calendars, height and weight charts, units of measurement, and lists or tables from the public domain or other commons sources)
• variations of typographic ornamentation, lettering, or coloring
• listings of ingredients or contents

In addition, works produced by the US Federal government are generally not covered by copyright, but important requirements are explained by the government here. 

The US Copyright Office has published a document, "Circular 33 Works Not Protected by Copyright," that provides a comprehensive description of what is not covered under copyright law.   

Length of Copyright

The term (length) of copyright for a particular work depends on a numerous factors, including whether it has been published, and if so, the date it was first published. The United States Copyright Act, Title 17, Section 302 states:

a) In General - Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author's death.

b) Joint Works - Where two or more authors prepare a work and did not produce the work under a contract, the copyright exists for a term consisting of the life of the last surviving author and 70 years after that last surviving author's death.

c) Anonymous Works and Works Made for Hire (Contracted) - If a work was published anonymously, under a pseudonym, or was work for made for hire, the copyright lasts 95 years from the year it was first published or a term of 120 years from the year of its creation, whichever expires first. 

Copyright Basics Resources

• U.S. Copyright Office
• U.S. Copyright Office Circulars
  Circulars are published by the Copyright Office to provide up-to-date and authoritative information to a general audience. Circulars are arranged by topic and cover the basics and fundamental concepts of copyright law, highlights of policies and procedures of the Copyright Office, and registration issues for specific categories of works.
• Copyright Quick Guide - Columbia University Libraries' Copyright Advisory Office
  This guide was originally conceived by Dr. Kenneth Crews. Its purpose is to provide an overview of copyright law and examine issues, including the essential principles of copyright law, copyright ownership, and other permitted uses.
•  Copyright Timeline
  A timeline of the U.S. Copyright Law throughout history.
• Copyright and Fair Use: A Guide for the Harvard Community
  Detailed answers to frequently asked questions about copyright and fair use.