Copyright Basics

What is Copyright?

Copyright is set forth in the U.S. Constitution to "promote the progress of science and the useful arts" by giving authors control over their works for a limited time.  Federal copyright laws have been enacted in 17 U.S. Code §101 et seq.  It is always best to assume that a work is copyrighted, until you can verify the copyright status of a work.

 What is required to copyright a work?

A copyrighted work must be an original work of authorship that is fixed in a tangible medium of expression.  Copyright is automatic, at the moment of fixation, for works produced on or after Jan. 1, 1978.  Copyright registration and a copyright notice (such as  © 2005 The Ohio State University) is no longer required.  However, a copyright notice does tell the world that you do not want your work to be used without permission.  Copyright registration with the U.S. Copyright Office is also required before filing suit in federal court for copyright infringement.

What is the duration of copyright?

Works created on or after Jan. 1, 1978 are protected for the life of the author plus 70 years.  If the work is produced by a corporate author (an employee-employer relationship or a work-made-for-hire), then the copyright term is for the first of 95 years from publication or 120 years from creation.  Works produced prior to 1978, have variable durations.  

  What rights are owned by the copyright holder?

Copyright is a bundle of rights that includes the right to copy, distribute, publish, perform, and display a work, as well as to prepare derivative works.

What types of works can be copyrighted?

Works that can be copyrighted include, but are not limited to, literary, musical, and dramatic works; pantomimes and choreographic works; pictorial, graphic, or sculptural works, sound recordings; motion pictures and other AV works; computer programs, architectural works; and compilations and derivative works.  On the other hand, ideas, facts, and slogans cannot be copyrighted.

What are public domain works?

Works in the public domain, which have no copyright, may include works in which the copyright period has expired, such as most works published in the U.S. before 1923, or works which never had copyright protection, such as many materials published by the U.S. federal government.

Does material on the Web have copyright protection?

Material on the Internet is copyrighted.  However, the website may contain an acceptable use statement.

Disclaimer

The information on these web pages and that received from the Copyright Management Office is not legal advice, nor is the CMO legal counsel to the university or any members of the university community.