1. Are copyrights protected under federal laws or state laws?
Federal Laws. A copyright in the United States is a type of intellectual property protection granted by the federal Constitution, and embodied in U.S. laws, under title 17 of the U. S. Code.
2. What do copyrights cover?
Copyrights generally cover original works of authorship that are tangibly embodied in a medium. This is a formal way of saying that when the writer puts pen to paper, the artist puts brush to canvas or the singer sings and records it, the expression of the author’s ideas embodied in the paper, canvas or recording are protectable as copyrighted works. The ideas, themselves, are not protectable by copyrights, which is the realm of patent protection. The type of authorship is not limited to any particular realm, nor is the medium, as copyrights may cover literary, dramatic, musical, artistic and technological works. In fact, the fixation need not even be directly perceptible, as long as it may be communicated with the aid of a machine or device.
Specifically, copyrightable works include these categories: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works. The categories have been interpreted very broadly, such that maps and architectural plans are considered pictorial, graphic, and sculptural works, and software programs and many compilations are considered to be literary works.
3. Must the work be published to be copyrightable?
Copyright law protects both published and unpublished works.
4. What is not protected by copyrights?
There are several categories of authored materials that are generally not eligible for copyright protection. These include:
(1) ideas, which fall in the realm of patent protection; this includes concepts, principles, systems, methods, procedures, processes and discoveries.
(2) works of authorship or design that are not fixed in a tangible form of expression; examples include performances that are not written or recorded, works of choreography that are not notated or recorded, and improvisational speeches that have similarly not been written or recorded.
(3) names, short phrases, titles, slogans; familiar symbols/designs; mere variations of typographic ornamentation, lettering and coloring; listings of contents or ingredients, regardless of the work effort; these items lack sufficient innovation to be considered works of authorship.
(4) works containing no original authorship that consist entirely of information considered common property; examples include charts for height and weight; tables and lists taken from common sources or the public domain; tape measures and rulers; and standard calendars.
5. What is the term of copyright protection?
The simple, easy-to-remember answer is that the term of protection extends to the life of the author plus an additional 70 years. However, the simple answer is not accurate, as extensive legislation has made for a complicated answer to the question. To be specific, the term of the copyright protection can be divided into four categories.
(1) For works that were published from 1909 through 1921, the initial copyrighted term of the work was 28 years from the date of publication, but if the copyright had been renewed during the 28th year, the copyright was extended for an additional 28-year period.
(2) For works published from 1922 through 1963, the initial copyrighted term was 28 years from the date of publication, but if the copyright had been renewed during the 28th year, the copyright was extended for an additional 67-year period.
(3) For works published from 1964 through 1978, the initial copyrighted term was 28 years from the date of publication, plus an automatic renewal of an additional 67 years.
(4) For works created on or after January 1, 1978, the term is as follows, regardless of publication: (i) for one author, the term is the life of the author plus 70 years; (ii) for joint authors, the term is the life of the surviving author plus 70 years; (iii) for works made for hire, the term is the lesser of: 95 years from the first publication; and 120 years from the date of creation; and (iv) for anonymous and pseudonymous works, the same as item (iii) above.
