Copyright Law

Introduction

Copyright law protects original works of authorship fixed in a tangible medium of expression. The Copyright Act of 1976, codified at 17 USC §§ 101-1401, provides the statutory framework for copyright protection, including the scope of exclusive rights, limitations and exceptions, and remedies for infringement. Copyright law balances the incentive to create with the public interest in access to creative works.

Originality and Fixation

Copyright requires originality and fixation. Originality requires that the work be independently created by the author and possess at least a minimal degree of creativity. The Supreme Court in Feist Publications v. Rural Telephone Service (1991) held that a telephone directory white pages lacked sufficient creativity to qualify for copyright protection.

Fixation requires that the work be embodied in a tangible medium of expression from which it can be perceived, reproduced, or communicated. Fixation may be in any stable form, including digital media. Works that are not fixed —such as improvised performances that are not recorded —are not protected by federal copyright law.

Scope of Exclusive Rights

Section 106 of the Copyright Act grants copyright owners six exclusive rights: the right to reproduce the work; to prepare derivative works; to distribute copies; to perform the work publicly; to display the work publicly; and for sound recordings, to perform the work publicly by means of digital audio transmission. These rights may be licensed, assigned, or waived.

The first sale doctrine under § 109 limits the distribution right: the owner of a lawfully made copy may sell or otherwise dispose of that copy without the copyright owner’s permission. The first sale doctrine does not apply to digital transmissions, as the copy is reproduced in the process of transmission.

Fair Use

Fair use under § 107 is the most important limitation on copyright. The statute provides that the fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not infringement. Four factors are considered: the purpose and character of the use (including whether it is commercial or nonprofit educational); the nature of the copyrighted work; the amount and substantiality of the portion used; and the effect of the use on the potential market for or value of the work.

The Supreme Court in Campbell v. Acuff-Rose Music, Inc. (1994) held that parody may be a fair use and that commercial use is not presumptively unfair. The Court emphasized that the fair use analysis requires case-by-case consideration of all four factors.

The DMCA

The Digital Millennium Copyright Act (DMCA) of 1998 addressed copyright in the digital environment. Title I prohibits circumvention of technological protection measures (TPM) that control access to copyrighted works. Title II establishes the notice-and-takedown safe harbor for online service providers who promptly remove infringing material upon receiving a proper notice.

The DMCA’s safe harbor has been crucial for the development of user-generated content platforms. To qualify, service providers must adopt and implement a policy for terminating repeat infringers and must accommodate standard technical measures for identifying copyrighted works.

Copyright Term

Copyright term has been extended multiple times. Under the 1976 Act and the Copyright Term Extension Act of 1998 (the Sonny Bono Act), the term for works created by individuals is the author’s life plus 70 years. For works made for hire, the term is 95 years from publication or 120 years from creation, whichever is shorter.

Infringement and Remedies

Copyright infringement requires proof of ownership and copying. Copying may be proven by direct evidence or by circumstantial evidence of access and substantial similarity. The substantial similarity test examines whether an ordinary observer would recognize the accused work as having been appropriated from the copyrighted work.

Remedies include injunctive relief, actual damages and profits, statutory damages (up to $150,000 per work for willful infringement), costs, and attorney’s fees. Registration is required before filing an infringement action and before recovering statutory damages.

Conclusion

Copyright law protects original creative expression through a detailed statutory framework that balances the rights of creators with the interests of users and the public. The fair use doctrine, the DMCA safe harbor, and the limited copyright term reflect this balance. The field continues to evolve in response to digital technologies, artificial intelligence, and new modes of creative production and distribution.