Copyright LawExplained
Complete guide to understanding copyright law, fair use, infringement, and how to protect your intellectual property rights.
Copyright Fundamentals
What is Copyright?
Copyright is a form of intellectual property protection that gives creators exclusive rights over their original works of authorship. These rights include the ability to reproduce, distribute, display, perform, and create derivative works based on the original.
Unlike patents or trademarks, copyright protection begins automatically when an original work is created and fixed in a tangible medium. This means that as soon as you write a story, take a photograph, or compose a song, you own the copyright to that work.
Key Copyright Principles:
- Originality: Work must be independently created and show minimal creativity
- Fixation: Work must be recorded in a tangible form
- Expression: Copyright protects expression, not ideas
What Can Be Copyrighted?
Copyright law protects a wide range of creative works. The key requirement is that the work must be original and fixed in a tangible medium of expression.
Literary Works
Text, structure, and creative expression
Visual Arts
Artistic expression and visual elements
Audiovisual Works
Moving images and accompanying sounds
Musical Works
Musical composition and recorded performances
Dramatic Works
Dramatic presentation and performance
Copyright Ownership
Generally, the person who creates a work owns the copyright. However, there are important exceptions and considerations that can affect ownership.
Individual Ownership
When an individual creates a work independently, they own the copyright automatically.
- • Personal creative projects
- • Freelance work (unless contracted otherwise)
- • Independent artistic endeavors
Work for Hire
When work is created by an employee or under specific contractual arrangements, the employer owns the copyright.
- • Employee-created works
- • Commissioned works (with written agreement)
- • Certain categories of specially ordered works
Fair Use Doctrine
Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Fair Use is Complex
Fair use is determined on a case-by-case basis using four factors. There are no bright-line rules, and courts must balance all factors together.
Factor 1: Purpose and Character of Use
Commercial vs. educational, transformative nature of the use
Factor 2: Nature of Copyrighted Work
Factual vs. creative, published vs. unpublished
Factor 3: Amount and Substantiality
How much of the work was used, both quantitatively and qualitatively
Factor 4: Effect on Market Value
Impact on the potential market for the original work
Copyright Infringement
Copyright infringement occurs when someone violates one of the exclusive rights of a copyright holder without permission or legal justification (such as fair use).
Direct Infringement
Unauthorized copying, distribution, or public performance of copyrighted work
- • Copying text without permission
- • Distributing pirated movies
- • Using copyrighted music in videos
Contributory Infringement
Knowingly inducing, causing, or materially contributing to infringement
- • Providing tools specifically for piracy
- • Encouraging users to infringe
- • Facilitating infringement
Vicarious Infringement
Having the right and ability to supervise infringement and receiving financial benefit
- • Platform profiting from user infringement
- • Venue allowing infringing performances
Copyright Registration Benefits
While copyright exists automatically, registering your copyright with the U.S. Copyright Office provides significant additional benefits and stronger legal protections.
Registration Benefits:
International Copyright Protection
Copyright protection extends internationally through various treaties and agreements. Most countries provide reciprocal copyright protection for foreign works.
Berne Convention
Automatic copyright protection in 179 member countries
Universal Copyright Convention
Alternative to Berne Convention with similar protections
TRIPS Agreement
Trade-related aspects of intellectual property rights
Digital Age Challenges
The digital age has created new challenges for copyright law, from online piracy to user-generated content platforms. New laws and interpretations continue to evolve.
Digital Challenges
- • Easy copying and distribution
- • Global reach of infringement
- • Anonymous infringers
- • Platform liability questions
- • AI-generated content
Legal Responses
- • DMCA safe harbor provisions
- • International enforcement treaties
- • Platform content ID systems
- • Graduated response programs
- • Evolving fair use interpretations
Protect Your Creative Works
Understanding copyright law is just the first step. Our experienced attorneys can help you register, protect, and enforce your copyright rights.