Speaker 1: Most of us have seen the word or symbol for copyright hundreds of times, but what does it actually mean? Copyright is a type of intellectual property that protects creative works, like books, movies, songs, sound recordings, sculptures, and software. Trademarks and patents protect other types of intellectual property. A trademark is a tool that prevents a company from adopting a name, or a tagline, or a product configuration that is confusingly similar to that used by a competitor. Trademarks help consumers identify the source of what they're buying or using. A patent protects inventions and discoveries—ideas, processes, methods, concepts, machines, and devices. Things like that. A copyright law protects an idea, while a copyright law protects the expression of that idea—the exact words or form chosen to convey the idea. Copyright protection is governed by federal law, and has been a part of this country since its founding. The Constitution empowers Congress to enact a federal copyright law to promote the progress of science and the useful arts. Copyright law was seen as a vehicle for adding to society's wealth of culture and knowledge by encouraging the creation and dissemination of new creative works and information. Copyright does this by giving its owner certain rights over a work and its commercialization. The Supreme Court has recognized copyright as an engine of free expression. Copyright law can be found in Title 17 of the United States Code. So, what does it take to get copyright protection? First, a work must be independently created by the author. Second, it must have at least a minimal amount of creativity. And third, it must be fixed in a tangible medium. Back in 1790, works covered by the first federal copyright law were limited to maps, charts, and books. Today, copyright protection includes literary works, musical works and sound recordings, dramatic works, pictorial, graphic, and sculptural work, motion pictures and other audiovisual works, pantomimes and choreography, and architectural works. Copyrighted works do not include ideas, procedures, processes, systems, methods, concepts, and discoveries. Other things not protected by copyright include facts, names, titles, and short phrases, type-based fonts and lettering, blank forms, and familiar symbols and designs. Copyright protects the expressive content of a work, not the underlying thoughts and ideas. To be sufficiently creative, the work must demonstrate some spark of creativity. The Supreme Court has said even a modicum of creativity is enough. The bar is low, but there is a bar. A fixed work is one that you can see or hear, or if you can't, at least some technological device can. It doesn't need to be permanent, but it can't be too short or transitory. There are some things, such as improvised performances that have not been written down or recorded, that do not qualify. As soon as an original work is fixed, it is protected by copyright law. Registering the work with the Copyright Office is a great idea because it creates a public record of the work. Registration also benefits copyright owners. You have to register, or if had the office refuse to register, your U.S. work before you can bring a lawsuit claiming someone infringed your copyright. And a timely registration gives certain legal presumptions and allows you to seek attorney's fees and statutory damages in a lawsuit. Okay, so you have a copyright. Now what? Copyright law gives authors certain exclusive rights in their works for a limited time. For example, copyright owners have the exclusive right to sell their books, publicly display their photographs, or publicly perform their plays, or authorize others to do so. These exclusive rights do not last forever. Generally, they last for the life of the author plus 70 years, or, in the case of works made for hire or anonymous works, for either 95 years from the date of first publication or 120 years from the date of creation, whichever is shorter. Works created before 1978 have a different term calculation. Users generally need permission before using someone else's copyrighted work, but there are several exceptions and limitations. Fair use is the most famous. It allows journalists to use copyrighted text in news reports or for an author to parody another author's work. Another exception is the First Sale Doctrine, which allows the owner of a copy of a protected work to resell or otherwise dispose of that copy. Do you love used bookstores? That's the First Sale Doctrine at work. To learn more, including how to register your works with the Copyright Office, visit our website at copyright.gov or call 202-707-3000 or toll-free at 877-476-0778. Copyright © 2020, New Thinking Allowed Foundation