Copyright Basics

1. Copyright law is controlled exclusively by federal statutes, regulations and case law.  In fact, federal copyright law preempts state laws that "provide legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright.”  17 U.S.C. §301(a).

2. Copyright applies to any original work of authorship that has been “fixed in any tangible medium of expression,” and includes:

• Literary works, such as books
• Musical works and lyrics, including theme music
• Choreographic works, such as dance routines and pantomimes
• Pictorial, graphic and sculptural works, such as photographs, sculptures, and three-dimensional art
• Movies and similar works
• Sound records
• Computer software
• Architectural works and drawings.

17. U.S.C. §102.

3. Section 106 of the Copyright Act gives the copyright owner the exclusive right to make and distribute copies and to prepare derivative works from the work that is the subject of the copyright.  These exclusive rights of the author exist for the life of the author and 70 years after the author’s death.  Anonymous works, pseudonymous works, and works made for hire endure for 95 years from the year of first publication, or 120 years from the year of creation, whichever expires first.  17 U.S.C. §302.

4. Copyrights do not exist in mere ideas, but they do exist from the very moment that the work of authorship is fixed in a tangible medium of expression.  For works created after March 1, 1989, neither copyright registration with the U.S. Copyright Office nor use of a copyright notice is required to have the copyright protections set forth in Paragraph 3, above.  Use of the copyright notice and registration of the work, however, provide enhanced rights and remedies under federal law.  See, for example, 17 U.S.C. §§ 401(d), 410(c) and 412.  With rare exception, the work must be registered with the U.S. Copyright Office in order to file suit for copyright infringement in federal court.  See 17 U.S.C. §411.

5. A “work made for hire” is a work which was created for an employer.  In such situations, the law views the employer as the author.  17 U.S.C. §201.  However, a commissioned work is not considered a work made for hire unless it fits within one of many narrow categories under 17 U.S.C. §101.

6. In order to be valid, a transfer of copyright ownership must be in writing and signed by the author.  17 U.S.C. §204(a).

7. The owner of a valid copyright registration who sues for copyright infringement in federal court must, at a minimum, show that the copyright registration is valid, that the defendant had access to the copyrighted work, and that the alleged infringing work is substantially similar to the work which is the subject of a copyright registration.  The Copyright Act provides both civil and criminal penalties against those who infringe valid copyright registrations.  Among the civil penalties are injunctive relief, impounding and destruction of infringing articles, damages, lost profits, costs and attorney’s fees.  17 U.S.C. §501, et seq. 

8. The statute of limitations within which to bring copyright infringement actions is three years after the claim accrues.  17 U.S.C. §507.