Copyright Act of 1976 - General Rules of Copyright in the US

The Copyright Act of 1976 is the basis for all copyright-related laws in the US.

What is included?

According to the section 102 of the Act, the works of authorship protected by the Act include:

  • literary works;
  • musical works, including any accompanying words;
  • dramatic works, including any accompanying music;
  • pantomimes and choreographic works;
  • pictorial, graphic, and sculptural works;
  • motion pictures and other audiovisual works;
  • sound recordings; and
  • architectural works.

What is excluded?

The copyright does not include any idea, procedure, process, system, method of operation, concept, principle, or discovery. Here’s why.

There are a few more minor exclusions. You can read more about them here.

Exclusive Rights

Section 106 granted these exclusive rights to copyright holders:

  • Make copies of the work (on paper, CD, digital files, etc.).
  • Create new works based on the original (like a remix, movie version, or translation).
  • Sell, rent, or give away copies of the work to the public.
  • Perform the work in public (like playing music, acting out a play, or showing a movie).
  • Show the work in public (like displaying art or images from a film).
  • Play sound recordings online or through digital audio (like streaming music).

What is considered an infringement?

Copyright infringement occurs when someone violates one of the exclusive rights. Usually, when someone creates a "copy" of a protected work that is "substantially similar" to the original. Infringements require copying. If two people happen to write exactly the same story, without knowledge of the other, there is no infringement. Source.

Fair Use

Certain uses of a copyrighted work are allowed without permission. Examples include using the work for criticism, commentary, news, teaching, research, or scholarship.

To decide if something is fair use, courts look at:

  • Why and how the work is used – Is it for education or profit?
  • What kind of work it is – Is it more creative or more factual?
  • How much of it is used – Is it just a small part or a big chunk?
  • Impact on the original's market – Will it hurt the original creator’s ability to sell or earn from their work?

Even if a work hasn’t been published, it can still be used fairly if all these points are considered.

Find your copyrighted images online

Copyright infringements happen daily. To protect your work, consider using copyright protection tools, such as lenso.ai.

How to use lenso.ai for copyright protection?

Making a reverse image search

Go to lenso.ai and upload your image on the main page. Lenso.ai will show all the matches for your photo in the Duplicates category.

Set up an alert

To get notified whenever lenso.ai finds your image, set up an alert. Click on the alert icon in your search to do that. Lenso.ai will send you emails every time it finds a match, and you will also see your alerts in your user panel.

alert setup

alerts lenso.ai

Who owns the Copyright?

The author is usually the first copyright owner. But if the work is a "work made for hire," then the employer or person who ordered the work owns the copyright.

Multiple Authors

  • Joint Work - If two or more people work together with the intent to combine their contributions, they share the copyright.
  • Collective Work - This is a collection of separate works (like an encyclopedia). Each author keeps the copyright to their own part, unless they sign it away.

Copyright Transfers and Licenses

There are 3 ways to let others use your copyrighted work:

  • Assignment - Complete transfer of ownership (must be in writing).
  • Exclusive License - Only the license holder can use the work in certain ways (must also be in writing).
  • Non-Exclusive License - Allows use by others; doesn’t need to be written and can be implied.

How long does the copyright last?

Copyright usually lasts for 70 years after the author’s death. If the work is a "work for hire", copyright lasts for 120 years from creation or 95 years from publication - whichever is shorter.

For works made before 1978, the rules are more complex. But as a general rule, anything published before January 1, 1930 (except sound recordings) is now in the public domain.

How to register your copyright?

  • Copyright is automatic when someone creates an original work - registration is not required. However, registering a copyright gives extra benefits:
  • You must register to file a lawsuit
  • It allows for higher damages in court

You can register online with the U.S. Copyright Office.

When registering, you must submit a copy of your work. This helps prove ownership in a lawsuit and adds to the Library of Congress collection.

Filing a lawsuit

Federal courts can hear copyright infringement cases (except for some old sound recordings covered by state law).

To sue, the owner must prove:

  1. They own a valid copyright (an original work fixed in a physical form).
  2. The other person copied parts of their work.
  3. The copying was improper (not allowed by law).

You must register before suing.

To prove misappropriation, the owner must show:

  1. The copied parts are protected by copyright
  2. The audience would see the new work as substantially similar to the original

More about copyright

If you’d like to learn more about copyright laws, here are some articles you may want to check out:

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Author

Kinga Jasinska

Marketing Specialist