Terms used in the U.S. copyright statutes are also defined in Section 101, Title 17.
Copyright is a bundle of rights granted creators for a limited amount of time to encourage creative innovation. The exact rights differ from country to country. In the U.S. it applies to artistic expressions in a “fixed" form (i.e., written down or notated, recorded video or audio, painted, drawn, printed, or sculpted). Creators have the exclusive right to reproduce their works (photocopies, recordings, digital files, etc.), to distribute copies, to create derivative works (arrangements, transcriptions, etc.), and to publicly perform or display their works. Creators may transfer ownership of these rights, in whole or in part, to others. If anyone but the copyright owner wants to use a work, they usually have to ask permission. Most works published or fixed before 1926 are now in the public domain; you may assume that all works created after that are still subject to copyright. See U.S. Copyright Office
Public Domain: A work enters the public domain once its copyright expires. According to current U.S. law, for works created after 1977, their entry into the public domain occurs seventy years after the death of the creator. All creative works (except sound recordings) published before 1926 are in the public domain. Works created or published between 1926 and 1977 may or may not be in the public domain. You will have to research the rights associated with each work to come to a determination. See Cornell University's Guide to Public Domain.
Fair Use: Copyright law carves out special exceptions allowing parties to use copyrighted works without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. There are no bright-lines for fair use, but courts consider four factors when deciding whether “fair use” applies:
1) character and purpose of use—non-profit uses are more likely to qualify than those of a commercial nature; uses that are "transformative," which add "new expression, meaning, or message" to the original work are also more likely to be considered fair uses;
2) nature of copyrighted work—there is a higher standard for the re-use of creative or artistic works than factual works and a higher standard for unpublished works than for published works;
3) the amount used—if reuse is insubstantial and falls far short of recreating or allowing recreation of the work, it is likely to pass this test;
4) effect on market—re-use should not impede the profitability of the original work.
Licensing: Although copyright is automatic once a work is in a fixed form, most artists who want to distribute their work, will contract with a publisher or distributor who will make the work available in exchange for a share of the profits and control of the associated rights. If you decide you want to use the work for a performance or visual creation, you will need to pay for a license from the distributor.
Performing Rights Organizations: These are organizations that manage rights for many artists. The three main PROs in the U.S are ASCAP, BMI, and SESAC. Score rental does not automatically convey the right to perform the rented work, and the PROs share information so violators of these rules may find themselves barred from using music distributed by any of the PROs. There are some exceptions, but the safest approach is to ask.
Work for Hire: Typically the copyright for this type of work is owned by the employer, not the individual creator. A "work for hire" is defined as a work prepared by an employee within the scope of their duties, or a work specially ordered or commissioned if the parties expressly agree that the work shall be considered a work made for hire.
Orphan Works: An "orphan" work is a copyrighted work whose copyright owner cannot be identified or located.
U.S. Code, Title 17: Federal law underpinning U.S. copyright. For a searchable copy, see the Cornell Law School Guide.
Copyright Act of 1790 was the first U.S. law to protect the rights of creators. It was modeled after the British Statute of Anne. It was limited to books, maps, and charts and provided for a copyright term of 14 years, with a possible renewal term for an additional 14 years.
The Copyright revision of 1831 extended the copyright term to 28 years, with renewal for an additional 14 years, adding up to a possible maximum term of 42 years. The 1831 act also added musical compositions to the types of works protected, along with books, maps, charts, and other graphic works.
The Copyright revision of 1909 extended the renewal term to 28 years, for a maximum possible copyright term of 56 years (initial term + renewal). It also established the compulsory mechanical license for the reproduction of musical compositions. Copyright holders were still required to register their works with the U.S. government, but the 1909 act granted protection to works published with a valid copyright notice.
The Copyright revision of 1976 brought the U.S. in compliance with the Berne Convention, making U.S. copyright law similar to European copyright laws. This law eliminated the need to include a copyright notice on published copies and other formalities as a prerequisite to securing copyright. It also changed the copyright term for published after 1977 to the life of the creator plus 50 years (for works of joint authorship the term is life of the last surviving co-creator plus 50 years). For works of corporate authorship (e.g., works for hire) the term was changed to 100 years from creation or 75 years from publication, whichever was shorter. Congress also introduced significant exemptions for libraries and archives and codified fair use as a limitation on the exclusive rights granted to copyright owners in this revision of the law.
Visual Artists Rights Act (VARA) 1990: Defines a "work of visual art" as (1) a painting, drawing, print, or sculpture existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered; or (2) a still photographic image produced for exhibition purposes only, existing in a single copy signed by the author, or in a limited edition of 200 copies or fewer signed and consecutively numbered by the author. The act granted the creators of such works limited "moral rights" of attribution and integrity, which are codified in Title 17, Section 106A.
Architectural Works Copyright Protection Act (1990): Copyright for architectural works does not prohibit display or distribution of pictorial representations of the work if the building is located in or visible from a public place. It also does not prevent the owners of the building from making changes or destroying the building.
The Digital Millennium Copyright Act (1998) added prohibitions against the circumvention of technological protection measures (digital encryption, passwords, and other access controls). The Copyright Office reviews the DMCA's anti-circumvention provisions every three years and recommends exemptions. The DMCA also created a controversial "notice and takedown" procedure, which provides a safe harbor for Internet service providers from claims of copyright infringement, but which can inadvertently prevent lawful uses of copyrighted material.
The Copyright Term Extension Act (1998), also known as the Sonny Bono Copyright Term Extension Act or the Mickey Mouse Protection Act, extended copyright terms for works created after 1977 to life of the author plus 70 years. It also extended the term for works of corporate authorship to 120 years after creation or 95 years after publication, whichever is shorter.
The Technology, Education, and Copyright Harmonization Act of 2001 (TEACH ACT) amends copyright law to carve out exceptions for long-distance or virtual education.
The Music Modernization Act (2018) updates U.S. Copyright law to deal with current technological and market realities. It has three parts: Title I regulates downloads and streaming, establishing the Blanket License; Title II allows pre-1972 recordings to be governed by U.S. copyright law; and Title III allows producers, mixers, and sound engineers to receive royalties for their work.
The Copyright Alternative in Small-Claims Enforcement (CASE) Act (2020) establishes the Copyright Claims Board, which provides an alternate forum to federal court for people or businesses engaged in a copyright dispute with a low economic value.
