A Copyright is part of American intellectual property law that protects “original works of authorship fixed in a tangible medium of expression.” It is the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. In other words, copyright does not protect mere ideas or facts, it protects the way ideas, facts and other things are expressed, though only once they are in a tangible form.

 

A Copyright can cover both published and unpublished works. The thing protected only has to be tangible or expressed; whether it is published or not does not matter. However, only original works can be protected by copyright. Often you will see written work such as articles like this protected by copyright, but it isn’t just written work that gets protected. Copyrights protect any sort of original authorship including artistic, dramatic, literary and musical works. Examples of these things include architecture, books, computer software, movies, plays, poems, and songs.

 

Copyright is grounded in the U.S. Constitution and granted by law. That means that the law and specific cases have found that the Constitution is the source of copyright, and have gone on to clarify and grant the protection.

 

Why bother with copyrights?

Well, the holder of copyright is the only person with the right to do and/or authorize others to do several things. The copyright lets you display the original work in public, or, where applicable, perform it in public including using digital audio to do so.

 

Copyright also allows you to make copies of the original, whether they are recordings (such as sound recordings of songs or audiovisual recordings of movies) or printed copies (such as books, poems or articles) as well as distribute any copies you make, including for profit.

 

Finally, if you hold a copyright to an original work you are allowed to make “derivative works” based on your original. This means you can create a newer version or a new work that includes substantial elements of the original work without penalty.

 

Can you use a song you like underneath a photo montage on your website without infringing on copyright?

Technically, no, not without permission.

 

Can you ever use songs or movie clips or photos without permission?

No, unless they are in the public domain, or you are using them for parody, which is usually considered “fair use” under the law. Parody is valued in the United States under free speech and expression laws, so courts really try to accommodate it.

 

What about something like Flickr or Google Images – Can you post something you find on there without infringing?

Probably not. Unless something is explicitly in the public domain or commons, or you have gotten permission, chances are that you are infringing by posting that image. It’s so easy to do that it’s also easy to forget, but that’s the reality of copyright.

 

In the age of blogging, you may wonder if you can use material from a blog without permission. Typically you may quote a few lines of someone else’s work just as someone else may quote a few lines from yours. There are no set guidelines about how much you have to quote in order to commit copyright infringement, so be careful. Always reference where you got the quotes and make sure it’s obvious that it is a quote in the first place. Always link back to the original.

 

You don’t have to officially register a work with the government for it to enjoy copyright protection, but you should. The moment you express the work and it becomes tangible, it is protected by copyright. However, if ever you need to file a lawsuit to assert your rights against someone who is infringing upon your copyrighted work, you’ll need to register.

 

Furthermore, registering your work even before you need to can help you win a case later, and also can help you get your legal fees paid for by your infringing opponent. You may have heard of mailing yourself a copy of your own work: the “poor man’s copyright.” Make no mistake! This is not an actual part of copyright law and does not take the place of registration.

 

You have probably also heard of a patent and a trademark, here is how copyrights are different: 

 

Copyrights protect original pieces of authorship, not discoveries, ideas or inventions. Discoveries, ideas and inventions are exactly what patents protect. In this way the two types of intellectual property protections fit together like puzzle pieces.

 

Trademarks are the third piece of the puzzle. A trademark protects a design, phrase, slogan, symbol or word that identifies a brand or business and sets it apart from all others. A drawing is protected by copyright unless it is used repeatedly to distinguish one brand or business from another. In the latter case it is protected by trademark.

 

Sometimes one single ad will require both copyright and trademark protection. An ad campaign for a new kind of soap might produce a unique slogan just for that soap and its ad. A Copyright protects the text and graphics of the ad but not the slogan. A Trademark protects the slogan but not the rest of the ads. Both kinds of registration are needed to fully protect these ads from infringement.

 

The United States has intellectual property agreements with most other countries, which means that a copyright granted in the U.S. will be given full force in most other countries. For questions about copyrights – obtaining or protecting one, you can connect with one of our helpful copyright lawyers for a free initial consultation!