What is Copyright? - YouTube

Most of us have seen the word or symbol

for copyright hundreds of times.

But what does it actually mean?

Copyright is a type of intellectual property

that protects creative works-

like books, movies,

songs, sound recordings,

sculptures, and software.

Trademarks and patents

protect other types of intellectual property.

A trademark is a tool that prevents

a company from adopting a name,

or a tagline,

or a product configuration

that is confusingly similar to that

used by a competitor.

Trademarks help consumers identify the source of what

they're buying or using.

A patent protects inventions and discoveries –

ideas, processes, methods, concepts,

machines and devices –

things like that.

Patent law protects an idea,

while copyright law

protects the expression of that idea -

the exact words or form

chosen to convey the idea.

Copyright protection is governed by federal law...

and has been a part of this country since its founding.

The Constitution empowers Congress

to enact a federal copyright law

to "promote the progress of science

and the useful arts."

Copyright law was seen as a vehicle

for adding to society's wealth of culture and

knowledge by encouraging the creation and dissemination

of new creative works and information.

Copyright does this by giving its owner certain

rights over a work and its commercialization.

The Supreme Court has recognized copyright as an

"engine of free expression".

Copyright law can be found in Title 17

of the United States Code.

So what does it take to get copyright protection?

First, a work must be independently created

by the author.

Second, it must have at least a

minimal amount of creativity.

And third, it must be fixed in a tangible medium.

Back in 1790, works covered by the first federal

copyright law were limited to maps, charts, and books.

Today copyright protection includes:

literary works,

musical works and sound recordings,

dramatic works,

pictorial, graphic, and sculptural work,

motion pictures and other audiovisual works,

pantomimes and cheoreography,

and architectural works.

Copyrighted works do not include ideas, procedures,

processes, systems, methods, concepts, and discoveries.

Other things NOT protected by copyright include:

facts, names, titles and short phrases, typeface,

fonts and lettering, blank forms,

and familiar symbols and designs.

Copyright protects the expressive content of a

work, not the underlying thoughts and ideas.

To be sufficiently creative,

the work must demonstrate some "spark" of creativity -

the Supreme Court has said

even a "modicum" of creativity is enough.

The bar is low, but there is a bar.

A fixed work is one that you can see or hear—

or if you can't,

at least some technological device can.

It doesn't need to be permanent,

but it can't be too short or transitory.

There are some things such as

improvised performances

that have not been written down or recorded,

that do not qualify.

As soon as an original work is fixed,

it is protected by copyright law.

But registering the work with the Copyright Office

is a great idea because it creates a

public record of the work.

Registration also benefits copyright owners;

you have to register,

or have had the Office refuse to register

your U.S. work before you can bring

a lawsuit claiming someone

infringed your copyright,

and a timely registration gives certain legal presumptions

and allows you to seek attorney's fees

and statutory damages in a lawsuit.

OK.

So you have a copyright -

now what?

Copyright law gives authors certain exclusive rights

in their works for a limited time.

For example, copyright owners have the exclusive

right to sell their books,

publicly display their photographs,

or publicly perform their plays -

or authorize others to do so.

These exclusive rights do not last forever;

generally, they last for the life of the author

plus seventy years,

or, in the case of works made for hire

or anonymous works,

for either 95 years from the date of first publication

or 120 years from the date of creation,

whichever is shorter.

Works created before 1978

have a different term calculation.

Users generally need permission before

using someone else's copyrighted work,

but there are several exceptions and limitations.

Fair use is the most famous.

It allows journalists to use copyrighted text

in news reports

or for an author to parody another author's work.

Another exception is the first sale doctrine,

which allows the owner of a copy of a protected work

to resell or otherwise dispose of that copy.

Do you love used bookstores?

That's the first sale doctrine at work.

To learn more, including how to register your works

with the Copyright Office,

visit our website at copyright.gov,

or call 202-707-3000

or toll free at 877-476-0778.