Definition of Copyright Law

If you have ever heard a good song on the radio or have seen a piece of good art and wanted to use it for a publicly viewed project, you might want to see if it is copyrighted. If the work belongs to someone else and you use it without their knowledge, chances are you could face litigation. This is only one aspect of copyright law. Here are other areas of copyright law and details on how they can affect you.

Basic Law

According to the United States Government's Copyright Office website, copyright is a way to protect an author's original works from misuse. The owner of the work has the exclusive right to reproduce it, make derivative works from it, perform and display it publicly, and use almost any other means to present it such as a play or movie. Copyright owners of work also have exclusive rights to permit anyone else to do the same. These works include literary works, dramatic works, motion pictures, sound recordings, architectural works, choreography, pictorials, sculptures and graphics.

Securing a Copyright

To secure a copyright, you need only to be the work's originator or someone who has a special contract for works that were made for hire. Just because you are the "owner" of the work doesn't give you permission to use it as you please--unless there was an express written consent given to you. If you have this permission, you can register your works via mail (see the Resources listed below) for a fee, or online for a smaller fee and faster service.

Purpose of Registering a Copyright

Registering your work with the Copyright Office can give you certain advantages. It can give you leverage in litigation because copyrighted work becomes public knowledge via a public record. The copyright office states that works used within five years of registration will add validity as "prima facie" evidence in court. Registering can also protect your works from importing infringing copies because registration is also given to the U.S. Customs service. Through registration, you can potentially collect royalties for use of your copyrighted material.

Protection Duration

Copyright protection can last beyond your lifetime. Copyright law states that once your works created after 1978 become tangible, they are protected from the creation moment throughout the rest of your life plus an additional 70 years. If you created it with a partner, it is the same, except the 70 years applies to the last surviving author. Made for hire works have a copyright duration of 95 years from publication or 120 years from creation, whichever is the shortest term. Works created before 1978 have a protection for 67 years with a possible renewal for up to 95 years.

Not Protected

Some forms of use are not protected under the copyright law. These are known as the "fair use" terms, which state that certain circumstances of a work's use do not need copyright permission. These include quotations, use for educational purposes, non-profit use, and how much of the works were used for those purposes. If you feel that you need to use a copyrighted work through these means, the copyright office cannot give you permission. Instead, you should seek it (in writing) from the copyright owner.