Abstract

Copyright developed after the invention of the printing press as a means of protecting works of authorship. The United States copyright law derives from a constitutional grant to Congress to promote progress in science, knowledge, and learning. Copyright protects original works of authorship of all types. Copyright does not protect ideas, concepts, methods, systems, processes, research, or facts themselves, but only their expression. Copyright may protect utilitarian works, but only to the extent that they contain physically or conceptually separable original works of authorship.

Copyright is a property right and may be transferred or licensed and owned jointly. Copyright is owned initially by the author, usually the human creator of the work. However, in the case of works made for hire, the employer or other person for whom the work is created is deemed to be the author. Copyright formalities, that is, notice, deposit, and registration, are of less importance now than they were previously, but are still encouraged. No copyright notice is necessary on copies of works first published after March 1, 1989. Copyright registration is entirely permissive, but enables important legal procedural rights and remedies.

Copyright generally endures for the life of the author plus 70 years, for works first created or copyrighted on or after January 1, 1978; or for an initial term of 28 years and a renewal term of 67 years, for works first copyrighted before January 1, 1978. Copyright protects the rights to reproduce the work in copies, to prepare derivative works, of public distribution, of public performance, and of public display. These rights are not absolute, because certain exceptions, such as the fair use and first sale doctrines, apply.