Cartoon attacking copyright piracy, c. 1900.
The right of authors, artists and musicians to control who uses and profits from their work has been a source of controversy since the invention of the printing press.
Today, an international treaty exists to protect these rights, but copyright is enforced through national laws and court cases. The duration of copyright protection is longer in the US than most other countries, while the “moral rights” of authors and artists tend to get more respect under European laws.
What is copyright?
The US patent and copyright system was established by the Constitution in 1787. In Section 8.8, the Constitution says Congress shall have 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;
All work is copyrighted under US law when it is fixed in some medium. Once an idea is written down (or recorded in some way) it is yours. Registration is something you may do to ensure protection, but so long as you can prove the idea was original to you, registration is only necessary for commercial projects.
Generally, authors, artists and musicians rely on copyright law, while businesses protect their logos and symbols through trademark and inventors rely on patent law. All of these are considered intellectual property.
Copyright is regulated by the Library of Congress Copyright Office. Patents and trademarks are regulated by the US Patent and Trademark Office.
All three are “intellectual property,”an area of law that also involves patents and trademarks. A business might use all three at some point.
Here’s an example from the US Patent and Trademark office: Imagine you invent a new type of vacuum cleaner. You might apply for a patent to protect the invention itself. You could apply to register a trademark to protect the brand name of the vacuum cleaner once its being sold on the market. And you might register a copyright for the TV commercial you use to market the product. Those are three different types of protection for three separate types of intellectual property: brands, inventions, and artistic works.
Copyright duration
Patent — Inventions — Patents last 28 years. The expiration of patent protections is why we have “generic” as opposed to brand-name drugs.
Trademark — Brands — Registration usually lasts indefinitely. Trademark rules are enforced under the Lanham Act, which prevents infringement and false advertising. (We will spend more time on trademarks in the Advertising section of the course).
Copyright Creative works – Registration is from 70 to 120 years, depending on the circumstances, according to the US Copyright Office.
- Individual works copyrighted after 1978 are protected for the life of the author plus 70 years.
- Works for hire, that is, creations copyrighted by corporations, are protected 120 years from date of creation or 95 years from publication, whichever is shorter.A “work for hire” is when an employee creates copyrightable art, literature, music or other creative work and, under contract, assigns that work to the employer. Without a contract, the law assumes that the work belongs to the original creator.
- Works copyrighted before 1978 have a protection of 95 years. This means that works created before 1930 are in the public domain and may be freely used for any purpose.
The limits of copyright
Public domain works are those that have fallen out of copyright over time or have never been copyrighted. They are free for anyone to use. Anything created before 1930 (or, 95 years ago, this being written in 2025) is in the public domain. All government documents, texts of laws, photos and images produced by the US (for example. NASA or the EPA) are in the public domain from the beginning. All state and federal legal codes in the US are in the public domain.* In the UK, all government documents fall under an open government license.
Creative Commons License or other open source licensing arrangements mean that an author is giving others permission to share and build on an otherwise copyrighted work. In many cases, this will mean that a work is available for non-profit uses with attribution.
Fair use (US) — Students, authors, pundits, educators and others are free to cite portions of a work under copyright for the purposes of discussion, debate or education so long as there is no commercial value in using portions of the works. Just how small a portion, and how little commercial value is still being worked out. Over the years, the “fair use” concept under Title 17 Section 107 has eroded to some extent, but the four part test of fair use is described in the Copyright statute and also in court cases. The test involves:
- the purpose and character of the use, including whether the use is commercial or for nonprofit educational purposes;
- nature of material itself
- percentage used in relation to the work as a whole; and
- effect on the market for or value of the original works
Fair dealing (UK & Commonwealth nations) — Very similar to “fair use” in the US, but spelled out in more detail in the law. Includes news reporting, research, criticism, and parody.
Right to Quote (Europe) — Copyright law allows short excerpts from written works
PLENTY OF FREE IMAGES OUT THERE
Public domain and creative commons images are abundant and available for use by everyone and anyone.
Wikimedia Commons — Most images are under the Creative Commons license; They can be used, with attribution, for educational and non-commercial purposes.
Library of Congress Division of prints and photographs — many but not all are copyright free; anything before 1923 is public domain, and of course anything by the government, including the FSA collection
British library — Millions of free images from the UK and Europe
Open Culture — Outstanding collection of free films, movies, audio files and open courses.
US Geological Survey — Scientific photos — geology but also plants and animals.
US Dept. of Agriculture — Agricultural Research Service photos
US Fish and Wildlife Service — Scientific photos of plants and animals.
US Government — general collection of photos
National Oceanographic and Atmospheric Administration — Scientific information
National Aeronautics and Space Agency —Scientific information
Centers for Disease Control — Scientific information
New York public library — archive of 180,000 photos