Copyright is a form of legal protection granted to authors that gives them exclusive rights to their "original works of authorship" (Copyright Act, 17 U.S.C. § 102).
United States copyright law has its foundation in Article 1, Section 8 of the US Constitution, where Congress was granted the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Current US copyright law was established by the Copyright Act of 1976 (17 U.S.C. § 101 et seq.) and has been updated numerous times since then.
The following categories of works are eligible for copyright protection:
To receive copyright protection, a work has to be an original and fixed expression.
Under US copyright law, authors are granted six exclusive rights:
First, a work must be original, meaning that it originated from the author's mind. It is not necessary for the work to be so unique that nothing like it has ever been created before, but it must be independently created by the author and not copied from another work. Although two works may happen to bear a strong resemblance to one another, they can both be eligible for copyright protection as long as neither was copied from the other. Furthermore, only a minimal amount of creativity is required for a work to be considered original.
Second, a work has to be fixed in some tangible medium so that it can be perceived, copied, or communicated in some other way. A work could be fixed by being written on paper, painted on a canvas, recorded on film, stored as computer code, or a number of other ways.
Finally, copyright protects expression, not the ideas or facts that are being expressed. Authors can freely borrow ideas or facts from other works, but they cannot copy the exact expression of the original author.
Those who want to use a copyrighted work will need the permission of the author, unless their use falls under one of the exceptions to copyright law (See box below for obtaining permission).
Otherwise they are infringing upon the rights of the author and may be subject to legal action. Authors can also choose to transfer some or all of their rights to others, temporarily or permanently, through the use of a license.
In the United States, the duration of copyright depends on several factors, primarily when the work was created and whether it was published. Here’s a summary based on the current law, as specified in the U.S. Copyright Act (Title 17 of the U.S. Code):
1. Works Created On or After January 1, 1978
Copyright lasts for the life of the author plus 70 years.
For works with multiple authors, the term is 70 years after the last surviving author's death.
For works made for hire, anonymous, or pseudonymous works, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter.
2. Works Created and Published Before 1978
These are governed by older rules but were amended under the Copyright Term Extension Act of 1998:
Works published before January 1, 1929 are in the public domain as of 2025.
Works published between 1929 and 1977 (with proper copyright notice) have a total term of 95 years (28-year initial term + 67-year renewal term).
For example, a work published in 1930 will enter the public domain in 2026.
3. Unpublished Works Created Before 1978
If the author died before 1955, the work is in the public domain.
If the author was alive in 1978 or the work was unpublished in 1978, the copyright lasts life of the author + 70 years, or at least until December 31, 2002 (whichever is longer).
If the author is unknown, the copyright lasts 120 years from creation or 70 years from publication, whichever expires first.
Statutory Reference
The governing law is found in:
17 U.S.C. § 302 – Duration of copyright: Works created on or after January 1, 1978
17 U.S.C. § 303 – Duration for works created but not published before January 1, 1978
17 U.S.C. § 304 – Duration for works copyrighted before January 1, 1978
Copyright Law for Librarians and Educators
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To get permission to use someone’s copyrighted work in the United States, you need to obtain a license from the copyright owner. Here’s a step-by-step guide:
1. Identify the Copyright Owner
2. Contact the Copyright Owner
Once identified, send a formal request. Your request should include:
Reach out via email, letter, or a licensing platform
3. Negotiate the Terms
Be prepared to discuss:
Fees or royalties
Duration and territory of the license
Any restrictions or conditions (e.g., attribution, exclusivity)
4. Get Written Permission
Always get the agreement in writing (a license or contract). It should clearly state:
The specific rights granted
Limitations on use
Any required credits or attribution
Alternative: Use Licensing Agencies or Platforms
Depending on the type of work:
Books/Images: Copyright Clearance Center, Getty Images
Music: ASCAP, BMI, SESAC, Harry Fox Agency
Films: Studios or rights clearance firms
Academic Works: Contact the publisher or author directly
Important Notes:
"Fair use" may allow limited use without permission, but it’s a narrow and risky exception—best to get legal advice.
Creative Commons licenses allow use under specific terms—check the license type (e.g., CC-BY, CC-BY-NC).
Here are five things the U.S. Copyright Office clearly states are not protected by copyright—even if they are a tangible expression of an idea or thought.
1. Ideas, methods, or systems
Ideas, methods, and systems are not covered by copyright protection.
According to the U.S. Copyright Office, Circular 2, this covers quite a few things including:
Making or building things
Scientific or technical methods or discoveries.
Business operations or procedures
Mathematical principles
Formulas, algorithms
Any other concept, process, or method of operation
2. Commonly known information
This category includes items that are considered common property and with no known authorship.
This includes phrases such as “The sky is blue,” which have no known authorship associated with them.
Other examples include:
Standard calendars
Height and weight charts
Telephone directories
Tape measures and rulers
Lists or tables taken from public documents
3. Choreographic works
A choreographic work, whether original or not, is not subject to copyright protection unless it has been videotaped or notated.
The same applies to speeches that have not been transcribed before or after they are given, as well as any other types of performances.
4. Names, titles, short phrases, or expressions
Names
Titles
Short phrases or expressions
Product descriptions
Pseudonyms
Titles of works
Business names
*Recipes also fall under this category. Specifically, the listing of ingredients (even if it's your own recipe ingredients) is not protected by copyright. This applies to formulas, compounds, and prescriptions as well.
*There are exceptions, however, such as when recipes are compiled in a cookbook. Or if the recipe is accompanied by “substantial literary expression," or a specific combination of recipes, there may be a basis for copyright protection.
5. Fashion
Contrary to what you might think, fashion (that is, a shirt, dress, or another article of clothing) is not protected by copyright law.
Even though copyright law protects such things as architectural design works (Circular 41) or works of the visual arts (Circular 40), fashion is all about clothing and accessories, which under copyright law are considered “useful articles."
It is possible, however, to copyright a specific fabric pattern (Burberry plaids for example), but not the actual dress.
Note: Designs cannot be copyrighted, however they can be patented.
United States copyright law provides important exceptions to the rights of copyright holders that are specifically aimed at nonprofit educational institutions and libraries. Three provisions of the copyright statute are of particular importance to teachers and researchers:
Teachers and students have certain rights to publicly display and perform copyrighted works in the classroom (Section 110 of U.S. Copyright Law).
Libraries and archives have special exemptions for the reproduction of copyrighted works in some circumstances (Section 108 of US Copyright Law).
The "fair use" allows limited copying of copyrighted works without the permission of the owner for certain purposes, including teaching and research (Section 107 of US Copyright Law).
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Multiple print or digital copies of articles, book chapters, or other works may be made for classroom use or discussion provided that: |
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A single copy generally may be made of any of the following for teaching purposes: |
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