What Is Copyright?

Disclaimer: This article is for informational purposes only and should not be used in place of legal advice. If you have a copyright-related issue, consult a lawyer.

According to the United States Copyright Office, the U.S. has had guidelines aimed at protecting “intellectual creativity” since 1790. However, copyright law frameworks such as the Copyright Act of 1976 are far from common knowledge.

Nearly everyone is either a user or owner of copyrighted materials, so understanding the basics of US copyright law allows you to protect your rights and the rights of others.

Read on to learn more about copyright in the US. We’ll go over what it is, what is and isn’t protected under the current law, what copyright infringement looks like, and how to avoid it.

Key Takeaways (TL;DR)

• At its core, copyright law is the legal right to copy an original work of authorship.
• Those who create an original work and fix it (in a physical form) are copyright owners.
• Some common things eligible for copyright protection include books, movies, images, choreography, architecture, and music.
• You cannot copyright ideas, systems, methods, names, slogans, or AI-generated content.
• Copyright infringement occurs when you violate a copyright holder’s intellectual property rights.
• The easiest way to avoid infringement is to create and use your own original work.

What Is Copyright?

It’s easy to get caught up in the legalese, but a simple definition of copyright is the legal right to copy an original work. 

As long as the work in question is an original work of authorship and fixed in a physical form (like a blog post, article, image, or even a writing contract), it should be eligible for copyright protection, and the set of intellectual property rights that go along with it.

With copyright protection, only the copyright holder has the right to do the following with their material:

• Make copies
• Distribute, whether by rental, lease, sale, or other transfer of ownership
• Create derivative works
• Perform publicly
• Display publicly

They can also permit others to exercise these rights, though there are limitations. Now, one question remains: who is this copyright holder in the first place?

Who Is a Copyright Owner?

While there are benefits to formal copyright registration, those who create an original work and put it in a tangible form become the automatic copyright holder. At least, this is how it works in most cases.

If you’re in a works-made-for-hire situation or an employee completing their regular duties, the hiring person or company is often the copyright owner. It’s important to note that this can vary depending on the terms of the contract. If you have questions about copyright ownership it’s best to contact a lawyer for bespoke legal advice.

What Does Copyright Protect? Copyright Examples

So, what kinds of things can you hold the copyright to? According to Section 102(a) of the Copyright Act, the following works of authorship are eligible for copyright protection:

• Books, blog posts, and other literary works.
• Performance art, like dramatic theatre or choreography.
• Visual arts, including pictures, graphics, and sculptures.
• Motion pictures and other audiovisual works, such as movies and TV shows.
• Music and other sound recordings, along with their lyrics or other words.
• Works of architecture, like buildings, plans, and even models.

These are broad categories and other original works may also be eligible for copyright protection. For instance, according to Harvard University, software or programming code is eligible for copyright as well.

What Isn’t Protected By Copyright?

It’s important to remember that copyright protects the expression of ideas, not the ideas themselves. Therefore, according to the US Copyright Office’s Circular 33, copyright doesn’t protect:

• Ideas
• Methods
• Systems
• Names
• Titles
• Format or layout
• Short phrases (like catchphrases, mottos, or slogans)
• Typeface
• Fonts
• Lettering
• Blank forms
• Familiar symbols and designs
• Domain names

While not copyrightable, some of these may be eligible for other types of intellectual property protection. According to the United States Patent and Trademark Office, for example, you may be able to register certain words or phrases (such as slogans) under trademark law. 

Note: Keep an eye on the US Copyright Office’s guidelines on Copyright and Artificial Intelligence for the latest information on who owns AI-generated content.

What Is Copyright Infringement?

Copyright infringement occurs when someone violates a copyright owner’s legal rights. The University of California Berkeley notes that copyright infringement can occur if someone does not obtain the permission of the original creator and reproduces, performs, publicly displays, creates derivatives of, or shares a copyrighted work.

Some common examples of copyright infringement include:

• Copying and publishing someone else’s blog posts (get tips on clarifying copyright on blog posts).
• Distributing or profiting from someone else's digital works such as music, literature, or TV shows without permission (read more about the Digital Millennium Copyright Act or DMCA)
• Uploading a video with a copyrighted song in the background to YouTube (read more in YouTube’s Copyright Claims Guide).

This isn’t an exhaustive list, so it’s best to consult with a legal professional if you have inquiries about copyright infringement.

Note: There are copyright infringement penalties. Avoid infringing on someone’s intellectual property rights.

How to Avoid Copyright Infringement

The details of copyright law may be complex, but avoiding infringement isn’t. There are several simple ways to prevent yourself from infringing on someone’s copyright:

• Understand the law and stay informed. Review the difference between trademarks, patents, and copyrights. They’re all types of intellectual property, but they cover different things.
• Use tools to detect copyrighted texts. Run blog posts, articles, and other texts through AI detectors and plagiarism checkers to avoid publishing someone else’s material.

• Above all, stick with your own original work. Unless you have permission from the copyright owner, don’t use any material that isn’t yours.

The Bottom Line: Everyone Should Learn About Copyright Law

As copyright owners and users, everyone should know the basics of US copyright law. It puts you in a much better position to protect your intellectual property rights and the rights of others.

Additionally, it’s important to note that copyright protection lasts a long time. The US Copyright Office specifies that if a work was “created and fixed in a tangible medium” on January 1, 1978, or afterward, copyright law protects it for the lifetime of the author and an extra 70 years afterward.

So, it’s best practice to do your research and stay informed about the latest in the field of copyright law.