Copyright law does not apply to works in the public domain or to works that do not qualify for copyright protection, as stated in the Section 102 of the Copyright Act. These include:
The goal of U.S. copyright law is “to promote the progress of science and the useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.". Copyright law provides legal protection for original creative works in a “tangible medium of expression”. At the same time, copyright protection only lasts for a limited time and then works enter the public domain, where they are available for use by the public.
These are some links to recommended resources from the Copyright Clearance Center and the U.S. Copyright Office.
Copyright law applies to nearly all creative and intellectual works available in both traditional media (books, DVDs, CDs, etc.) and digital media formats (electronic journals, web sites, etc.).
Copyright protects most creative works but to qualify for copyright protection, a work must satisfy two requirements: it must be original, and it must be "fixed in a tangible medium of expression". In order for a work to be "fixed in a tangible medium of expression", it must be recorded using some form of physical medium. Copyright protects the following list of creative works:
Under U.S. federal law, the copyright holder has the following exclusive rights:
Copyright applies to works in every media form; copyright protection attaches automatically the moment a qualifying work is "fixed in a tangible medium of expression”. In order for a work to be protected by copyright law, it must be "original" and the work must exist in some physical form. This includes but is not limited to literary, musical, and dramatic works, as well as photographs and graphics, audio and visual recordings, software, and other intellectual works. Therefore, works do not need to be published or registered in order to be fully protected by copyright. The © notice is no longer required for works created after 1989.
However, if the author creates the work in the scope and course of employment, their employer is considered to be the author and copyright holder under the "work for hire" doctrine.
The term of copyright for a particular work depends on several factors including whether it was ever published and the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the creator plus an additional 70 years.
For an anonymous work, a pseudonymous work, or a work made for hire, the copyright term lasts for 95 years from the year of initial publication or a term of 120 years from the year of its creation, whichever expires first.
For works first published prior to 1978, the term will vary depending on several factors.
