Copyright & Fair Use: Copyright Basics

What is copyright?

Copyright is a set of laws designed to give creators a package of rights over their original works of authorship. These rights include:

• Creating derivative works or translations
• Reproducing the work in copies
• Distributing copies
• Performing or displaying publicly or digitally
• Authorizing others to exercise any of these rights

Copyright protects and balances the rights of the author and the public. The law recognizes that creative works are unique, intellectual property with potential commercial value. Additionally, it provides a legal framework to recover damages in cases of infringement and it provides an outline of acceptable methods of using protected works for many purposes.

What does copyright protect?

According to the U.S. Copyright Office, “copyright protects ‘original works of authorship’ that are fixed in a tangible form of expression.” In other words, the work must be written or recorded in some form to be protected. The following types of works are identified:

• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

What does copyright not protect?

Copyright does not protect the following:

• Works not fixed in a tangible form
• Ideas, facts or data
• Titles, names or slogans
• Works of the U.S. Government
• Works in the Public Domain

What is the Public Domain?

The Public Domain refers to works that were created in certain time periods that are no longer protected by copyright. The following works are in the Public Domain:

• Works published prior to 1923
• Works published between 1923 and 1963 without a copyright notice
• Works published between 1923 and 1963 with a copyright notice but without the copyright being renewed

*www.copyright.gov is a source to check the copyright status of works. Renewed works will be registered here. Please note: not all renewal records are available electronically.