Copyright law of the United States

Scope Of Protected Works

Copyright protects original works of authorship fixed in a tangible medium of expression. Examples include literary, dramatic, musical, artistic, and other intellectual works. A work must be captured in a sufficiently permanent medium to qualify. Simple shapes or common symbols lack the required spark of creativity. Facts themselves are not copyrightable, but compilations of facts may be if they involve creative selection or arrangement. The Supreme Court case Feist Publications, Inc., v. Rural Telephone Service Co. denied protection to white pages phone books. That ruling rejected the sweat of the brow doctrine which claimed hard work alone could create copyrightability. Useful articles like fashion designs or typeface designs generally do not receive protection unless their artistic features can be separated from their utilitarian function. In Star Athletica, LLC v. Varsity Brands, Inc., decided in 2017, the court held that pictorial features on useful articles are eligible if they can be perceived as art separate from the article itself.

What is the constitutional basis for copyright law in the United States?

The United States Constitution grants Congress the power to create copyright law under Article I, Section 8, Clause 8. This clause is known as the Copyright Clause and states that Congress has the power to promote the Progress of Science and useful Arts by securing exclusive rights to authors and inventors.

When did sound recordings first receive federal copyright protection in the United States?

Federal coverage extended to sound recordings fixed on or after the 15th of February 1972 through the Sound Recording Amendment of 1971. The Music Modernization Act enacted in 2018 later preempted state laws and extended federal protection to all sound recordings regardless of date.

How long does copyright protection last for works created today in the United States?

Copyright protection generally lasts for 70 years after the death of the author. For works made for hire, terms run for 120 years after creation or 95 years after publication, whichever is shorter.

Who owns the copyright when an employee creates a work within the scope of employment?

If a work is prepared by an employee within the scope of employment, the employer owns the copyright. Independent contractors can create works made for hire only if specific categories are met and parties expressly agree in writing.

What were the statutory damages for willful copyright infringement in the United States as of 2019?

Statutory damages range from $750 to $30,000 per work infringed but increase significantly for willful violations up to $150,000. Criminal penalties include fines up to $500,000 or imprisonment for five years for first offenses.

Copyright law of the United States.

Scope Of Protected Works

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Common questions

What is the constitutional basis for copyright law in the United States?

When did sound recordings first receive federal copyright protection in the United States?

How long does copyright protection last for works created today in the United States?

Who owns the copyright when an employee creates a work within the scope of employment?

What were the statutory damages for willful copyright infringement in the United States as of 2019?

Duration And Public Domain Transitions

Legal Doctrines And Limitations

Ownership Structures And Rights Transfer

Infringement Litigation And Remedies