3.1 The Basics of Copyright

Copyright law protects original creative works, granting authors exclusive rights for a limited time. It stems from the U.S. Constitution and is primarily governed by the Copyright Act of 1976, safeguarding works fixed in tangible form and balancing creator rights with public access.

Unlike patents, which protect inventions, copyrights cover creative expressions. Copyright protection is automatic upon creation, but registration offers additional benefits. The process involves filing an application, paying fees, and depositing copies with the U.S. Copyright Office.

Foundations and Principles of Copyright Law

Principles of US copyright law

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• Derives its authority from the Copyright Clause of the U.S. Constitution (Article I, Section 8, Clause 8)
  • Empowers Congress to promote progress in science and useful arts by granting authors exclusive rights to their writings for a limited time
• Governed primarily by the Copyright Act of 1976
  • Supersedes most state copyright laws
  • Safeguards original works of authorship fixed in any tangible medium of expression (literary works, musical compositions, photographs)
• Requires works to be original and independently created by the author
• Mandates fixation of the work in a tangible form (written on paper, recorded on film, stored on a computer)
• Grants copyright owners exclusive rights to reproduce, distribute, perform, display, and create derivative works (adaptations, translations)
• Limits the duration of copyright protection, generally to the life of the author plus 70 years (novels, paintings)
• Recognizes moral rights, which protect the integrity of the work and the author's reputation

Copyrights vs patents

• Both copyrights and patents are forms of intellectual property protection but serve different purposes and protect different types of creations
• Copyrights:
  • Protect original works of authorship (books, songs, films)
  • Do not protect ideas, facts, or functional aspects (plot ideas, historical facts, utilitarian objects)
  • Grant exclusive rights to reproduce, distribute, perform, display, and create derivative works
  • Last for the life of the author plus 70 years for works created after 1978
• Patents:
  • Protect inventions (machines, chemical compounds, manufacturing processes)
  • Require the invention to be novel, non-obvious, and useful
  • Grant exclusive rights to make, use, sell, and import the patented invention
  • Generally last for 20 years from the filing date of the patent application
• Key differences:
  • Copyrights protect creative expressions, while patents protect inventions
  • Copyrights require originality and fixation, while patents require novelty, non-obviousness, and utility
  • Copyright protection is automatic upon creation, while patents require a formal application and examination process

Process of copyright acquisition

• Copyright protection is automatic as soon as a work is created and fixed in a tangible form
  • No publication, registration, or notice is required for basic protection (writing a novel, composing a song)
• Copyright registration with the U.S. Copyright Office provides additional benefits:
  • Creates a public record of ownership
  • Serves as a prerequisite for filing an infringement lawsuit
  • Constitutes prima facie evidence of validity and ownership if registered within five years of publication
  • Allows for statutory damages and attorney's fees if registered prior to infringement or within three months of publication
• Copyright notice, while optional, is recommended:
  • Includes the copyright symbol (©), the year of first publication, and the name of the copyright owner
  • Notifies the public that the work is protected and identifies the copyright owner (© 2023 John Doe)
• Registration process involves:
  1. Filing an application with the U.S. Copyright Office online or by mail
  2. Paying the required fee
  3. Depositing copies of the work (one or two copies, depending on the type of work)

Special Considerations in Copyright

• Work for hire doctrine determines ownership when works are created within the scope of employment or specially commissioned
• Joint authorship occurs when two or more authors contribute to a work with the intention of merging their contributions
• Collective works, such as anthologies or periodicals, may have separate copyrights for individual contributions and the compilation as a whole
• Compulsory licenses allow certain uses of copyrighted works without the owner's permission, subject to specific conditions and royalty payments
• First sale doctrine limits the copyright owner's control over the distribution of physical copies after the first sale, enabling resale and lending