Copyright Law
Definition of Copyright
Copyright is defined as: "A form of protection provided by the laws of the United States to the authors of 'original works of authorship' including literary, dramatic, musical, artistic, and certain other intellectual works." The copyright law is contained in Title 17 of the U.S. Code.
Exclusive Rights of Copyright Owner
Section 106 of the Copyright Act (90 Stat 2541) enumerates the exclusive rights of the copyright owner to do and to authorize any of the following:
- Reproduce the copyrighted work in copies or phonorecords.
- Prepare derivative works based on the copyrighted work.
- Distribute copies or phonorecords of the copyrighted work by sale or other transfer of ownership, rental, lease, or lending.
- Publicly perform the work (in the case of literary, musical, dramatic, and choreographic works, pantomimes and motion pictures and other audiovisual work)
- Publicly display the work (in the case of literary, musical, dramatic, choreographic works, pantomimes, and pictorial, graphic, or sculptural work--including the individual images of a motion picture or other audiovisual work)
- Publicly perform the work (in the case of sound recordings) by means of a digital audio transmission.
Limitations on Exclusive Rights
Certain limitations to the law are set forth in Section 107 (Limitations
on exclusive rights: Fair Use) and Section 108 (Limitations on exclusive
rights: Reproduction by Libraries). For more information on rights of educators
and librarians, see Copyright
Circular 21: Reproductions of Copyrighted Works by Educators and Librarians.
From the first copyright law enacted in 1790, through major revisions
of 1831, 1870, 1909, 1976 and the 1990's the courts have interpreted the
purpose of the Fair Use clause and subsequent statutes as an effort to
balance the public's right to ideas and inventions with the encouragement
of innovation and technical progress through rewarding writers and inventors.
The ideal of balance, the notion of "fair use," the incorporation of international
standards, the decisions reached in frequent litigation, and the complexities
compounded by technological advances have fueled the growth of the Copyright
Act, increasing it six-fold since 1909. These factors in addition to new
legislation continue to fuel the current unsettled interpretation of the
law.
Copyright Law Sites
For more information about Copyright Law, see:- U.S. Copyright Office
- Cornell Legal Institute.
The U.S. Copyright Office site includes Copyright Law, Copyright Basics (what is copyright, what works are protected and what works are not, how long copyright endures, etc.), the Digital Millenium Copyright Act, Information Circulars (especially note Circular 21, Reproductions of Copyrighted Works by Educators and Librarians; Circular 22, How to Investigate the Copyright Status of a Work; and Circular 46, Motion Pictures including Video Recordings), international copyright information, and links to copyright licensing organizations.
This web site includes an overview of copyright, federal agency regulations regarding copyright, federal judicial decisions, international conventions and treaties such as the Berne Convention, and links to other key sources such as the Patent and Trademark Office, the Copyright Clearance Center, WIPO (World Intellectual Property Organization) and more.