What Is Copyright? The Ultimate Guide
Learn more about copyright, permissions and licensing.
Copyright Basics
• What is copyright?
Copyright is a type of intellectual property law that gives the owner of a work the exclusive legal right to publish, reproduce or redistribute it.
• What is the purpose of copyright?
Copyright law protects the rights of the owner of a creative work to control how the work can be copied and distributed. It also prevents others from using the work without permission.
• How does copyright work?
To qualify for copyright, the creative work must be independently created by the owner, not copied in any way. Upon creation, the originator of that creative work then owns the copyright.
• What does copyright protect?
A copyright protects the rights of the owner of a creative work to control how the work can be copied and distributed.
• How do you copyright something?
As the originator, you own the copyright as soon as the work is created. However, if someone copies your work it can be difficult to prove that your work existed first without a copyright. To ensure that you own the copyright to your original work, you should register for copyright protection as soon as the work exists in a tangible medium.
Copyright, Trademarks and Patents
• What is the difference between copyright and a trademark?
Copyright law protects original creative works (publications, photographs, books, films, etc.) whereas trademark law protects the commercial identity and brand of a source of goods or services (names, logos, fonts and slogans, etc.).
• What is the difference between copyright and a patent?
A copyright protects only the expression of an idea (creative work), whereas a patent protects the idea itself (an invention).
U.S. Copyright Law
• What is copyright law?
Copyright law controls the ownership and distribution of original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software and architecture.
• When does copyright protection begin?
Technically, the copyright to a work exists as soon as the work is created in a tangible medium. However, it should officially be secured through a copyright registration as soon as possible thereafter.
• How long is copyright good for?
For works published after 1977, the copyright lasts for the life of the originator plus 70 years. Works published after 1923, but before 1978 are protected for 95 years from the date of publication if the copyright was renewed by registration or automatically by law under Public Law 102-307. Works published before 1923 are considered to be in the public domain and are not protected by copyright.
• Do copyrights expire?
Yes. For works published after 1977, the copyright expires 70 years after the originator is deceased. The copyright for works published after 1923, but before 1978 expire 95 years after the date of publication.
• Can you copyright an idea?
No. Ideas are protected by patent law.
• Can facts be copyrighted?
No. Facts that are discovered are not protected by copyright law. However, the expression of ideas using those facts as supporting evidence may be copyrighted.
• Can I use a copyrighted image for educational purposes?
Yes. Images protected by copyright may be used for educational purposes. This usually requires a copyright license, however, if the nature of educational use is nonprofit or transformative, a fair use exception may apply.
Copyright Infringement
• What is copyright infringement?
Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed or made into a derivative work without the permission of the copyright owner.
• When can I use copyrighted material without permission?
Some use of copyrighted material without permission may be legally possible if the conditions of fair use are met. In this case, it is best to consult your legal counsel for advice.
Getting Rights and Permissions
• How do you get copyright permission?
The first step is to research the copyright status of the work you would like to use. If there is a copyright owner and you have determined their identity, the next step is to contact that person or organization to get copyright permission in writing. For more details, visit our guide explaining how to get a copyright license.
• How do you get a copyright license?
When contacting a copyright owner to request a copyright license, also called a permissions license, be sure to supply as much detail as possible about the work you would like permission to use and the nature of the intended use. This information will help the owner confirm that they own the copyright and determine whether payment is required. The copyright owner will then draft a license agreement that outlines the permissions granted through your copyright license.