General Copyright Information

What is Copyright?

Copyright protects certain kinds of "original works of authorship" - whether published or unpublished. Copyright grants the author of the work the legal right to determine how or whether the work will be reproduced, distributed, displayed, or performed, as well as the right to product derivative works based on the original.

What is covered by copyright?

According to Title 17 of the U.S. Code, copyright protects works "fixed in any tangible medium of expression" in these categories:

• literary works
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic works
• pictorial, graphics, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works

These categories are interpreted liberally. For examples, because "literary works" are described as anything written in a language, computer programs are protected. So are personal letters.

What is not covered by copyright? What is the difference between copyright, trademarks, and patents?

Copyright does not protect names, titles, or slogans. For example, you may copyright a song, but the song's title is not protected. Instead, the song's name would be have to be protected by Trademark law.

Copyright also does not protect ideas, concepts or facts - it only protects the particular expression of those ideas. For example, the text of a particular book about plate tectonics may be copyrights, but you can't prevent someone else from writing about the same topic. Patents may protect certain ideas, such as inventions.

How do I obtain a copyright for the work I have created?

You automatically own the copyright to any work you create as soon as it is fixed in a tangible medium. You are not required to take any other action to claim your copyright. However, there are certain things you can do to communicate or help secure your copyright. You can indicate your ownership by the phrase "copyright by" or the symbol "©", the date, and your name. You can also register your ownership with the U.S. Copyright office. In many cases registrations is a prerequisite for taking someone to court for copyright infringement.

Is content on the Internet copyrighted?

Yes, everything on the Internet (including everything on the World Wide Web) is copyrighted. It is a common misconception that everything on the Web is in the public domain. While it is true that documents on the Web are easier to reproduce and distribute than most other media, the ease of reproduction and distribution does not change the copyright. Digital content is still copyrighted, and copying or reproducing without permission may be illegal.

Is linking to something on the Web a copyright violation?

When you create a hyperlink from one page to another, you have not made a copy of the original work, so this is not a copyright violation. Generally, you are not expected to request permission to link to a Web page, though it is often considered courteous to do so.

last modified on: February 28, 2005