Copyright Law Overview

What is a copyright?

A copyright is a form of legal protection given to an original work’s owner. U.S. copyright law states that an owner’s original work must be “fixed in a tangible form of expression” in order to qualify for copyright protection, meaning the work must exist as some type of document or recording in either print or electronic format. Assuming this qualification is met, copyright law protects the rights of an original work’s owner from the moment of creation and applies to both published and unpublished works.

How long does a copyright last?

An original work receives copyright protection the moment it is created and fixed in a tangible form, although this protection is limited unless a work has also been registered with the U.S. Copyright Office (see next question for more information on copyright registration). Copyright protection lasts throughout the lifetime of an original work’s creator, plus an additional 70 years after his or her death.

If the original work was created as a work for hire piece, copyright protection is in effect for 95 years following publication or 120 years following creation, whichever is shorter.

If the original work was created as a work-for-hire piece, copyright protection is in effect for 95 years following publication or 120 years following creation, whichever is shorter.

How do I obtain a copyright?

Copyright is established the moment an original work is created in a tangible form. By default, the author of an original work is the copyright owner, unless the work’s author explicitly agrees to forfeit ownership under a work-for-hire agreement. In instances where a work-for-hire agreement exists, the person who hires the author owns the copyright.

Even though a copyright is automatically established, it will not provide adequate protection in a court of law unless it is also registered with the U.S. Copyright Office. Registering a copyright involves sending copies of an original work (usually one or two, depending on the type of copyright), along with the appropriate application form and a small fee, to the U.S. Copyright Office by mail or via electronic submission.