- Fair Use
- Other statutory exceptions for teaching and research
Questions about copyright?
Contact Copyright Services for assistance:
Call: 614-688-5849
What is copyright? What types of works can be protected by copyright?
Copyright is a bundle of rights given to authors and creators to control certain uses of their creative works. These rights exist for a limited amount of time. Under U.S. law, copyright protects “original works of authorship fixed in any tangible medium of expression.” Works do not need to be novel to receive copyright protection, but they must be independently created and possess some creative spark.
Works of authorship may fall into many different categories, including:
- Literary works;
- Musical works (including accompanying words);
- Dramatic works (including accompanying music);
- Pantomimes and choreographic works;
- Pictorial, graphic, and sculptural works;
- Motion pictures and other audiovisual works;
- Sound recordings; and
- Architectural works.
What can’t be protected by copyright? Copyright protects creative works of authorship but it does not protect ideas, procedures, processes, systems, methods of operations, concepts, principles, or discoveries.
More information:
- Copyright Services: Copyright Basics
- Copyright Term and the Public Domain in the United States
- Copyright Law of the United States (text of title 17 of the United States Code)
How long does copyright last?
Copyright protection is instant and automatic; authors have exclusive rights in the original works they create the moment they fix their original works of authorship in a tangible medium of expression. But copyright does not last forever.
Since the first U.S. Copyright Act in 1790, U.S. copyright law has been amended several times to extend the term of copyright protection. This expansion is demonstrated in the chart below.
For works created or published today, copyright will exist for the life of the author plus an additional 70 years. For works authored by an institution or corporation, copyright will last 95 years from publication or 120 years from creation, whichever expires first.
What is the public domain?
Public domain is not the same as publicly accessible. Content that is online and freely accessible may still be protected by copyright.
Public domain works are works that are not protected by copyright—no person or entity holds exclusive rights in the reproduction, adaptation, distribution, public display or public performance of the works. A creative work may enter the public domain in a number of ways.
First, some works may not be eligible for copyright protection. This includes works that are not sufficiently creative or fixed in a tangible medium of expression. This also includes works created by U.S. federal employees within the scope of their employment.
Second, works may enter the public domain if they fail to meet certain formalities required at the time of their publication or creation. For older works, these formalities include placement of a valid copyright notice and renewal of the copyright with the U.S. Copyright Office.
Third, works may enter the public domain if their term of copyright protection has expired. Copyright protection is not perpetual. A great resource for determining the term of protection for these works is Copyright Term and the Public Domain in the United States.
Finally, copyright owners may, to the extent permissible under the law, waive all rights in their works and dedicate the works to the public domain. A tool to accomplish this waiver is CC0 from Creative Commons.
Do you need to register your work for copyright protection?
Copyright protection for original works of authorship is automatic at the point that the creative work is fixed in a tangible medium of expression. You do not need to register your work in order to receive initial copyright protection, but registering your work may provide some additional benefits.
Registration is made through the U.S. Copyright Office.
