Copyright Law Essentials

Study Notes

Copyrights

Definition: Exclusive rights granted to creators of original literary, dramatic, musical, and artistic works to reproduce, distribute, and display their work
Types of works protected:
- Literary works (books, articles, poetry, etc.)
- Musical compositions
- Dramatic works (plays, scripts, etc.)
- Pictorial, graphic, and sculptural works (art, photographs, etc.)
- Motion pictures and other audiovisual works
Duration: Generally, copyrights last for the life of the author plus 70 years
Rights granted:
- Reproduce the work
- Distribute copies of the work
- Display the work publicly
- Create derivative works

Public Domain

Definition: Works that are no longer protected by copyright, making them freely available for use
Types of public domain works:
- Works whose copyright has expired
- Works that were never eligible for copyright protection (e.g., government works)
- Works that were never copyrighted
Implications: Anyone can use public domain works without obtaining permission or paying royalties

Fair Use

Definition: Doctrine that permits limited use of copyrighted material without obtaining permission or paying royalties
Purpose: Allow for criticism, commentary, news reporting, teaching, scholarship, and research
Four Factors of Fair Use (see below)

The Four Factors of Fair Use

Purpose and character of the use:
- Is the use commercial or non-commercial?
- Is the use transformative (adds value or insights)?
Nature of the copyrighted work:
- Is the work fictional or factual?
- Is the work published or unpublished?
Amount and substantiality of the portion used:
- How much of the work is used?
- Is the portion used significant or insignificant?
Effect of the use on the market:
- Does the use harm or help the market for the original work?
- Does the use replace the need for the original work?

Description

Test your understanding of copyright law, including the definition and types of protected works, public domain, fair use, and the four factors of fair use. Learn about the rights granted to creators and the implications of copyright expiration.