Copyright Law: Understanding Applicable Regulations And Rules

Copyright law is a form of protection for original works of authorship, granted by the US Constitution and governed by federal statute. The law covers a broad range of creative work, from literary, musical, dramatic, and artistic works to motion pictures, sound recordings, and architectural plans. Copyright is earned when a work is created and copied or recorded, and it lasts for the author's life plus 70 years. While registration is not required, it is recommended as it provides additional benefits and better legal protection. The US Copyright Office handles copyright registration and other administrative aspects of copyright law.

What constitutes an 'original work'

Copyright law is a form of intellectual property protection, grounded in the US Constitution, that safeguards original works of authorship fixed in a tangible medium of expression. This includes literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

To be considered original, a work must be independently created by a human author and exhibit a minimal degree of creativity. The US Supreme Court has stated that a creative work must possess a "spark" and a "modicum" of creativity. This means that titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; and mere listings of ingredients or contents are not considered creative.

Additionally, copyright protects expression rather than ideas, procedures, methods, systems, processes, concepts, principles, or discoveries. For instance, a copyright could cover a written description of a machine, but not the machine itself. While the written description cannot be copied without permission, anyone could use the information to build the machine described.

Works are considered fixed when they are captured in a sufficiently permanent medium, allowing them to be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when it is written down or recorded.

Copyright registration

To register a copyright, an application form must be completed and submitted, along with a non-returnable copy of the work. This can be done online through the Electronic Copyright Office (eCO) or in person at the Copyright Office in the Library of Congress. The application form should include a title for the work, which can be chosen by the applicant. However, it is important to note that titles are not protected by copyright law, and the information provided on the application form should be factually accurate.

The registration process typically involves submitting one work per application, with a few exceptions. One exception is the ability to register a group of unpublished works, allowing up to 10 unpublished works to be registered together using the "Group of Unpublished Works" application. The "Standard Application" cannot be used for this purpose. Additionally, the Copyright Office offers group registration options for updates to news websites, non-photographic databases, works on a music album, and short online literary works.

It is important to note that copyright protection exists from the moment a work is created and does not require registration or a copyright notice. However, registration provides additional benefits, and in the case of infringement, registration is necessary to bring a lawsuit for a U.S. work.

Copyright infringement

Copyright law in the U.S. is governed by federal statute, namely the Copyright Act of 1976. This Act prevents the unauthorized copying of a work of authorship. However, it is important to note that only the copying of the work is prohibited—anyone may copy the ideas contained within a work. For example, while a copyright could cover a written description of a machine, the actual machine itself is not covered. Thus, no one could copy the written description, but anyone could use the description to build the described machine.

In the United States, copyright infringement is sometimes addressed through lawsuits in civil court, either against alleged infringers directly or against providers of services and software that support unauthorized copying. For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement.

To maximize revenue, film distribution pre-COVID-19 typically began with movie theaters, followed by the release of Blu-ray and DVD. During the theatrical window, digital versions of films are often transported by couriers rather than data transmission. Coded Anti-Piracy marks can be added to films to identify the source of illegal copies and shut them down.

In terms of punishment, convictions for copyright infringement may include jail time and/or severe fines for each instance of infringement. In the United States, willful copyright infringement carries a maximum fine of $150,000 per instance. The United States No Electronic Theft Act (NET Act), passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances, even when there is no monetary profit or commercial benefit.

Copyright duration

Works created before January 1, 1978, are protected under the 1909 Copyright Act. Under this Act, copyright protection begins with the first publication of the work and lasts for 28 years, renewable for an additional 28 years, totalling 56 years of protection. In 1976, Congress extended the renewal term to 47 years, increasing the total possible protection to 75 years. The 1998 Act extended the renewal term again by an additional 20 years, making a total of 95 years of protection from publication.

Works created by individual authors on or after January 1, 1978, are protected for 70 years after the author's death. For works prepared by two or more authors, this protection lasts for 70 years after the death of the last surviving author. Works made for hire, and anonymous and pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter.

Works created but not published or registered by January 1, 1978, are protected for 70 years after the author's death or until at least December 31, 2002. Works published on or before December 31, 2002, will be protected until December 31, 2047.

It is important to note that copyright protection is automatic in the US and begins as soon as a work is created and fixed in a tangible form. Registration with the Copyright Office is voluntary but recommended, as it provides additional benefits, such as the ability to bring a lawsuit for infringement.

Copyright ownership

As a general rule, the initial owner of the copyright is the creator of the work. This means that if you write a book or take a photograph, you are the copyright owner. However, there are some important exceptions to this rule. For example, if a work is created by an employee within the scope of their employment, the employer typically owns the copyright. In this case, the work is considered a "work made for hire". Similarly, if an independent contractor creates a work and signs a "made for hire" agreement, the commissioning person or organisation may own the copyright, provided the work falls within specific categories, such as a literary work, audiovisual work, translation, or compilation.

Another exception to the general rule arises in cases of joint authorship. When two or more authors collaborate on a work with the intention of combining their contributions into inseparable or interdependent parts, they are considered joint copyright owners. Each author has an equal right to register and enforce the copyright and can commercially exploit the copyright, provided the other authors receive an equal share of the proceeds.

It is important to note that copyright protection exists from the moment a work is created and does not require registration. However, registering with a Copyright Office provides additional benefits, such as the ability to bring a lawsuit for infringement and the potential for statutory damages and attorney's fees in successful litigation.

Frequently asked questions