Copyright

Copyright is a type of intellectual property law that protects original works of authorship, including literary, dramatic, musical, and artistic works. It gives the creator the exclusive right to control how their work is used.

No. Copyright exists automatically the moment a work is “fixed in a tangible medium” (written down, recorded, or saved to a drive). However, formal registration provides extra legal advantages if you ever need to sue for infringement.

In the US and many other regions, copyright for works created by an individual lasts for the life of the author plus 70 years. For “works made for hire,” it’s generally 95 years from publication or 120 years from creation.

It does not protect facts, ideas, systems, or methods of operation. It only protects the specific expression of those ideas. For example, you can’t copyright the “idea” of a boy wizard, but you can copyright Harry Potter.

Copyright protects creative works (books, art, songs).

Trademark protects brand identifiers (logos, slogans, brand names) used in commerce.

Fair Use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, news reporting, teaching, or research. It is determined by four factors:

1. Purpose of use (commercial vs. nonprofit/educational).

2. Nature of the copyrighted work.

3. Amount used.

4. Effect on the market value of the original.

Yes. Attribution is not a substitute for permission. Acknowledging the author doesn’t protect you from a copyright claim if you haven’t secured the rights to use the work.

There is no “5-second rule.” Even a small sample can be considered infringement if it is a recognizable or “heart” portion of the work.

Works in the public domain are no longer protected by copyright (either because the term expired or they weren’t eligible). Anyone can use them for any purpose without permission.

Creative Commons is a licensing system that allows creators to give the public permission to share and use their creative work under specific conditions (like “Non-Commercial” or “ShareAlike”).

Generally, the creator owns the copyright unless there is a written contract stating it is a “work made for hire.” If you are a full-time employee creating work within the scope of your job, your employer usually owns the copyright.

No, it is no longer legally required for protection, but it’s still a good idea. It informs the public that the work is protected and identifies the owner.

Yes. You can copyright the original text, photos, and videos on a site. You can also copyright the specific arrangement of elements (the “look and feel”), though individual functional elements like buttons usually aren’t protected.

No. While it proves the work existed on a certain date, it has no legal standing in court and is not a substitute for federal registration.

In a “joint work,” both authors usually have an undivided interest in the whole work. Either can grant non-exclusive licenses to others, but they must share any profits with the other creator.

Under the Digital Millennium Copyright Act (DMCA), copyright owners can request that service providers (like YouTube or Instagram) remove content that infringes on their copyright.

Yes. Lack of profit does not “cancel out” infringement, though it might impact the amount of damages a court awards.

You must contact the copyright owner (often the publisher or a licensing agency like ASCAP for music) and negotiate a license agreement. This usually involves a fee and specific terms on how the work can be used.