U.S. copyright law is rooted in Article I,Section 8 of the United States Constitution empowers Congress to encourage the progress of science and useful arts by providing authors and inventors the rights to their own writings and discoveries for a limited time. This constitutional basis underscores the law's purpose which is to foster creativity and innovation by granting exclusive rights for a limited period.
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Constitutional and Legal Foundation
U.S. copyright law aims to promote creativity by protecting original works. It covers a wide range of creations, such as from literature to music, and is managed by the U.S. Copyright Office.
Protection is automatic when you create and fix an original work, like writing a song or painting. No registration is needed initially. You get exclusive rights to reproduce, distribute, perform, or display your work, and make derivative works, like sequels or adaptations.
Copyright normally lasts for the lifetime of the author along with an add-on of 70 years, or 95-120 years for corporate works. After that, works enter the public domain, free for anyone to use. Fair use lets others use parts of your work for purposes like teaching or commentary but it's not always clear-cut and depends on factors like the purpose and amount used.
Registering with the U.S. Copyright Office isn't required but helps if you need to sue for infringement, offering benefits like statutory damages. You don't need a copyright notice for works after March 1, 1989, but it can deter infringement.
The primary legal framework is Title 17 of the United States Code, encompassing the Copyright Act of 1976 and subsequent amendments. Notable revisions include:
The Sonny Bono Copyright Term Extension Act of 1998, which extends the duration from 50 to 70 years after the author's death.
The Digital Millennium Copyright Act (DMCA) (1998), addressing digital copyright issues and implementing international treaties like the WIPO Copyright Treaty.
Other related legislation includes the Semiconductor Chip Protection Act, 1984 and the Vessel Hull Design Protection Act which expands copyright to new domains.
Scope of Protectable Works
Original works of authors that are fixed in a tangible medium of expression are protected by copyright, which means they are preserved in a permanent form that can be perceived for more than a short period of time. This includes: This includes:
Literary works (e.g., books, poems, blog posts).
Musical compositions and sound recordings.
Dramatic works (e.g., plays, scripts).
Choreographic works and pantomimes.
Pictorial, graphic, and sculptural works (e.g., paintings, photographs, statues).
Motion pictures and other audiovisual works.
Architectural works.
For a work to be protected, it must be original, requiring independent creation and a minimal degree of creativity, as established by cases like Feist Publications v. Rural Telephone Service (499 U.S. 340, 1991). However, copyright does not extend to ideas, facts, procedures, processes, systems, methods of operation, concepts, principles, or discoveries, only their expression is protected. For example, the idea for a novel cannot be copyrighted, but the written text can.
Exclusive Rights and Ownership
Ownership typically vests in the creator/author upon creation and fixation, but exceptions exist, such as "work for hire," where employers own copyright for works created by the employees within the scope of employment, or certain commissioned works under specific conditions. Transfers can occur through contracts, assignments, or inheritance, and must be recorded with the Copyright Office for public notice.
Copyright grants the owner exclusive rights to:
Reproduce the work in copies or phonorecords.
Prepare derivative works, such as sequels, adaptations, or translations.
Distribute copies or phonorecords by lease, sale, rental and lending.
Perform the work publicly, applicable to literary, musical, dramatic, choreographic, pantomime, motion pictures, and audiovisual works.
Display the work publicly, covering literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, sculptural works, and individual images of motion pictures.
Perform the work publicly through digital audio transmission, relevant for sound recordings.
Authorize others to exercise these rights but they are subject to statutory limitations.
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Duration of Copyright
The duration of copyright differs based on the work's creation date and authorship. This rule was extended by the Sonny Bono Act, ensures long-term protection but also means works enter the public domain later, affecting cultural access. For example, if an author died on February 1, 1980, their work would be protected until December 31, 2050, entering the public domain on January 1, 2051:
For the works that are created on or after January 1, 1978:
Life of the author plus 70 years.
For joint works, it is 70 years after the last surviving author’s death.
For the works that are made for hire, anonymous or pseudonymous works, which is 95 years from publication or 120 years from creation depending on whichever is shorter.
Pre-1978 works have different durations, often tied to publication and renewal terms.
Exceptions, Limitations, and Fair Use
Copyright is not absolute with several exceptions and limitations balancing creators' rights with public access:
Fair Use: Section 107 of the Copyright Act allows limited use without permission for purposes like criticism, comment, news reporting, teaching, scholarship and research. The determination uses a four-factor balancing test:
Purpose and character of the use (e.g., commercial vs. nonprofit educational).
Nature of the copyrighted work (e.g., factual vs. creative).
Amount and substantiality of the portion used in relation to the whole.
Effect of the use on the potential market for or value of the copyrighted work.
First Sale Doctrine: Allows the owner of a lawfully acquired copy to sell, rent, or lend it, limiting the copyright owner's distribution rights after the first sale.
Other exceptions include library and archive reproductions, certain performances and displays (e.g., in face-to-face teaching), and statutory licensing for cable and satellite broadcasts, detailed in Sections 108-122.
Works in the public domain, such as those published before 1926 or with expired terms, are free for anyone to use without permission, enhancing cultural and educational access.
Summary
U.S. copyright law, grounded in the Constitution and Title 17, protects original works like books, music and art upon creation, granting exclusive rights to reproduce, distribute and perform. Protection lasts the lifetime of the author plus 70 years or 95-120 years for corporate works. Fair use allows limited use for education or criticism. Registration, while optional is required for lawsuits and offers statutory damages. Ideas and facts are unprotected and works enter the public domain after expiration.
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Copyright Law of the United States: FAQs
Q1. What is the current copyright law in the US?
The current U.S. copyright law is Title 17 of the U.S. Code, primarily the Copyright Act of 1976, amended by acts like the DMCA (1998) and Sonny Bono Act (1998).
Q2. What does the US copyright law cover?
It protects original works fixed in a tangible medium, including books, music, art, films, software, and architectural designs, but not ideas or facts.
Q3. What is common law copyright USA?
Common law copyright, largely replaced by federal law in 1978, protects unpublished works automatically. Federal law now governs most copyright issues.
Q4. What is the copyright term in the US?
For works created after the year 1977, the copyright lasts until the author’s life plus 70 years, or 95/120 years for corporate/anonymous works.
Q5. What are the common law rules in the USA?
Common law copyright rules, pre-1978, protected unpublished works perpetually until published. Now, federal law under Title 17 applies, with limited common law relevance.
