How Does Copyright Work?

How does copyright work? Copyright law is intricate and has plenty of exceptions, but, if you learn how basic copyright works, you'll have a good idea what to expect and how to avoid copyright infringement.

What is a copyright?
A copyright is a subset of intellectual property law, and it's a formal legal protection for authorship. Copyright protects original works, including literary works, dramatic works and even technical works. Copyright law extends to everything from poetry and novels to architecture and computer software, and includes music, movies and most written works. Copyright doesn't protect the content of your work; only the way you've expressed it. Depending on the circumstances, people may be able to re-create the content of your work as long as they do so in a way that isn't materially similar to your work.

Copyright infringement is a serious issue.
Copyright infringement happens when someone reproduces your copyrighted work, in whole or in part, without your permission. A few general use clauses exist under copyright law, so make sure that what you're experiencing is actual infringement, and not a permissible use of a copyrighted work. If someone is infringing on your copyright, you can't just report copyright infringement to the US Copyright office; it's not that simple.

If your copyright is being infringed, you must take legal action to protect and secure your copyright. Consult a lawyer to determine what steps to take; copyright infringement may be resolved easily with a cease and desist request, especially if the party is reasonable and unaware of infringement. However, if you feel you've experienced monetary damage due to copyright infringement, discuss your rights with a good intellectual property attorney.

Fair use copyright is often misunderstood.
Fair use copyright is one of the most misunderstood and disputed aspects of copyright law. Sections 107 through 118 of copyright law include clauses that govern fair use of copyrighted materials. Generally speaking, fair use of copyrighted materials must be for a non-profit reason, and it must take into account the portion of the copyrighted material used relative to the entire work. For example, you might not be able to excerpt an entire copyrighted work under the fair use rules, but you might be able to excerpt a small passage or section of the same work.

One common misconception, though, is that acknowledging the source makes following fair use rules unnecessary. This isn't true. Acknowledging the source doesn't exempt individuals or entities from following fair use rules, nor does acknowledgment make it ok to reproduce copyrighted materials. Fair use rules are vague and easy to misuse, so be extremely careful if using copyrighted work under fair use rules, and consult an intellectual property attorney if you're uncertain whether or not you're infringing copyright.

The must-knows of copyright law.
First of all, work does not need to be published to be protected by copyright. Anything created after 1977 is protected from the moment it's created. You don't need to register or file a copyright to get copyright protection. However, if someone is determined to steal your work, it is possible to dispute the date that a work was created and therefore who owns original copyright to an item. In this circumstance, registering a copyright provides additional protection because you have a legally recognizable date of registration. You should consult an intellectual property lawyer if you find yourself in this situation.