Copyright Law in the U.S.

The Law

The Copyright Act of 1976 prevents the copying of texts and/or works. It gives you protection upon creation of your work, but to make legal battles easier, you should always file for a copyright.

How to apply for a copyright

You have up to three months after publication to file for copyright with the government. This entitles you to statutory damages in the case of copyright infringement by someone else. After those three months are up, you have up to five years to apply for copyright to receive actual damages in the case of a copyright infringement. The process of filing for a copyright is fairly simple.

  • Make sure your work is in a tangible medium
    • written down, on a hard drive, etc.
  • Go to the US Copyright Office website
  • Determine which type of copyright fits your tangible medium
  • Pay the nonrefundable filing fee
  • Pay the nonrefundable deposit of work being registered

That’s it! Now you just wait for your notice from the Copyright Office.

How long does my copyright last?

Works written and published before 1978 have copyright protections 28 years after publication. After those 28 years are up, the author can apply for a renewal for another 28 years. Otherwise, the work enters the public domain.

Works written and published post 1978 have copyright protections throughout the life of the author plus 70 years after their death. If the author is not known, the work receives copyright protections for 90 years after publication or 120 years after creation, whichever is shorter.

What is the public domain?

The public domain is essentially the universe. Anyone with access to the work can use it for whatever purpose without being sued.

What exactly is copyrightable?

First, the work must be original. Things like useful objects (lamps, shirts, etc.) and ideas (movie plot lines, book plots, etc.) and things like titles, names and short phrases are’t eligible for copyright but your specific book within a plot line is. Your work must also fall into one of the following categories of protected works

  • 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

Filing for an official copyright prevents anyone else attempting to lay claim to your work. Copyrighting your work ensures that you have proof that it was your original idea.

What can I do with my copyrighted work?

As the holder of a copyrighted work, you have exclusive rights to everything related to your work.

  • Right to reproduce
    • you have the right to say who can reproduce your work, how they can reproduce your work and the quantity of the reproductions
  • Right to prepare derivative works
    • if a director wants to make a movie out of your novel, they have to ask your permission first
  • Right to distribution
    • you have the right to determine how your work is distributed to the public
      • lending, renting, sale, etc.
  • Right to public performance
    • you decide who can put on a public performance of your work
    • What is considered a public performance?
      • literary works
      • musical works
      • dramatic works
      • choreographic works
      • pantomimes
      • motion pictures
      • audio visual works
  • Right to public display
    • you decide who can show your work
    • What is considered a public display?
      • literary works
      • musical works
      • dramatic works
      • choreographic works
      • pantomimes
      • pictorial works
      • graphic works
      • sculptural works
      • stills (individual images) from motion pictures and other audiovisual works

What if I want to use someone’s work?

First, you have to check for the limitations of the copyright. There are a few different licenses in the copyright law to take notice of.

Creative Commons

The most common license of copyright you will see is Creative Commons licensing. Creative Commons works within the copyright law to allow people to use the works without permission for certain circumstances. Creative Commons typically allows for non-commercial usage, distribution and copying of works.

Fair Use

Fair Use allows for the use of someone’s work, as long as it fits into certain parameters. Non-profit and/or educational use falls under Fair Use and is protected. A number of other parameters also helps determine wither or not someone can claim fair use.

  • nature of the work
    • is it published or unpublished?
  • amount of work used
    • how big of a portion of the work was used in a book review or movie review?
  • the effect of the use on the potential market or potential value of the work
    • will it damage the value and desirability of the work on the market

You’re being sued… now what?

You will most likely be notified of your infringement by mail, email or a phone call.

  • Contact your lawyer or your outlet’s legal advisor before you do anything. They can help you determine your next steps.
  • Most copyright owners will likely demand for you to take the work down, pay a fee to allow you to use their work and/or credit them in some way before they take you to court.
  • Depending on what you used their work for, you might be able to argue fair use if you decide to not act.
  • Most copyright holders will require you to submit a response within a set period of time or they will proceed with taking you to court without further notice to you. Make sure you notify them of your decision.