Copyright Law

What is Copyright?

Copyright is a form of intellectual property protection granted by law to the creators of original works of authorship. It provides the creator with exclusive rights to use, reproduce, distribute, perform, display, and create derivative works based on their original creation. Copyright law in the United States is governed by the Copyright Act of 1976, which has been amended several times to accommodate technological advancements.

What Can Be Copyrighted?

A work must be original and fixed in a tangible medium of expression to be eligible for copyright protection. Copyrightable works include:

• Literary works (books, articles, blog posts, poetry, etc.)
• Musical works (songs, compositions, and sound recordings)
• Dramatic works (plays, scripts, screenplays)
• Choreographic works (ballet, dance routines)
• Pictorial, graphic, and sculptural works (paintings, photographs, illustrations, sculptures)
• Motion pictures and audiovisual works (films, television shows, video content)
• Architectural works (building designs, blueprints)
• Software and computer programs

What Cannot Be Copyrighted?

Certain materials are not eligible for copyright protection, including:

• Ideas, concepts, or principles (only their expression can be copyrighted)
• Facts, data, and discoveries
• Works that are in the public domain
• Government documents and legal texts
• Titles, names, slogans, and short phrases (though they may be protected under trademark law)

How to Obtain a Copyright

Copyright protection is automatically granted to an original work the moment it is created and fixed in a tangible medium. However, registering a copyright with the U.S. Copyright Office provides additional legal benefits, including the ability to file lawsuits for infringement and seek statutory damages. Here’s how to register a copyright:

1. Determine Eligibility – Ensure your work qualifies for copyright protection.
2. Complete the Application – File an application online through the U.S. Copyright Office’s website.
3. Pay the Filing Fee – Fees vary depending on the type of work and filing method.
4. Submit a Copy of the Work – Provide a digital or physical copy for record-keeping.
5. Await Approval – Processing times can range from a few months to over a year.

Rights of a Copyright Holder

As a copyright owner, you have the following exclusive rights:

• Reproduction Right – The right to make copies of the work.
• Distribution Right – The right to sell, rent, lease, or distribute copies.
• Public Performance Right – The right to perform the work publicly (e.g., music, plays, films).
• Public Display Right – The right to display the work publicly (e.g., artwork, photography).
• Derivative Works Right – The right to create adaptations or modifications (e.g., book-to-movie adaptations).

Duration of Copyright Protection

The length of copyright protection depends on the type of work and when it was created:

• Works created on or after January 1, 1978 – Protected for the life of the author plus 70 years.
• Works created by a corporation or as a work for hire – Protected for 95 years from publication or 120 years from creation, whichever is shorter.
• Works published before 1929 – In the public domain and free to use by anyone.

Fair Use Doctrine

The Fair Use Doctrine allows limited use of copyrighted material without permission for purposes such as:

• Criticism and commentary (e.g., reviews, news reporting)
• Educational use (e.g., classroom instruction, research)
• Parody and satire
• Transformative works that significantly alter the original work

Courts evaluate fair use claims based on four factors:

1. Purpose and character of use – Whether the use is commercial or nonprofit educational.
2. Nature of the copyrighted work – Whether the work is factual or highly creative.
3. Amount and substantiality – How much of the work is used and whether it represents the “heart” of the work.
4. Effect on the market – Whether the use harms the original work’s market value.

Copyright Infringement and Legal Remedies

Copyright infringement occurs when someone uses a copyrighted work without permission or legal justification. Common types of infringement include unauthorized reproduction, distribution, public performance, and derivative works. If you believe your copyright has been infringed, you have several legal options:

• Cease and Desist Letter – A formal notice demanding that the infringer stop unauthorized use.
• DMCA Takedown Notice – If infringement occurs online, you can request that the content be removed under the Digital Millennium Copyright Act (DMCA).
• Filing a Lawsuit – A copyright owner can sue for damages and seek an injunction to stop further infringement. Statutory damages can range from $750 to $30,000 per work, or up to $150,000 for willful infringement.

International Copyright Protection

Copyright protection is territorial, meaning it applies only within the country where the work is registered. However, international agreements such as the Berne Convention and the Universal Copyright Convention (UCC) provide reciprocal protection across participating countries, making it easier for U.S. copyright holders to enforce their rights abroad.

Final Thoughts

Copyright law plays a vital role in protecting creators and ensuring that they receive proper recognition and compensation for their work. By understanding the basics of copyright protection, registration, enforcement, and fair use, you can better safeguard your intellectual property. If you have any questions or need legal assistance, the Law Offices of Miller & Miller, P.C. are here to provide expert advice and advocacy.

For more information, reach out to our office today and let us help you protect what’s rightfully yours!