The Basics Of Copyright

Law

By: Christopher Sabec

It is important to know the basics of copyright law in order to understand

why these laws are in place, how they help to drive the creative

process, and how to avoid unintentionally using copyrighted

material illegally.

Copyright is a federal law under Title 17 of the United States Code. It originated with the United States Constitution in

an effort to protect the rights of originators of creative work and their

ability to profit from their creative work.

Article I, Section 8, of the Constitution states that “Congress shall have the power… To

Promote the Process of Science and useful Arts, by securing for limited Times to Authors

and Inventors the exclusive Right to their respective Writings and Discoveries.”

Simply put, copyright is the right of the authors or owners of content to control the

use of their work for a limited period of time. It is important to note that the a piece of

copyrighted work must be an original work of authorship which is fixed in a tangible medium of expression. This refers to a physical copy of

the work, such as written work on paper, movie on a hard drive, or song on a disk.

Copyright is important because it not only protects the rights of the

originators of creative work but it also promotes creativity and

learning.

With copyright laws in place, an author or musician can reasonably expect that they

will control over their work, which encourages them to continue to create

and be creative and allows the rest of us to learn and absorb their creation.

There are 8 categories of works that are copyrightable under the law:

1. Architectural works.2. Computer programs.3. Compilations of works and

derivative works.4. Literary, musical and dramatic

works.5. Motion pictures and other AV

works.6. Pantomimes and

choreographic works.7. Pictorial, graphic and

sculptural works.8. Sound recordings.

Adversely, there are numerous types of works that cannot be copyrighted. Having familiarity with this list as well will help you better understand what makes a piece of work copyrightable.

1. Ideas, procedures, methods, and processes

2. Titles, names, short phrases, and slogans (they can be trademarked but not copyrighted)

3. Works in the public domain4. Works that are not fixed in a

tangible medium of expression5. Facts, news, and research (for

example, you cannot copyright a standard calendar)

What cannot be copyrighted?