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Copyright for Librarians

What Does Copyright Cover?

Under 17 USCS section 102 the following is protected:

  • Literature
  • Music and lyrics
  • Drama
  • Pantomime and dance
  • Pictures, graphics, sculpture
  • Films
  • Sound Recordings
  • Architecture
  • Software

"(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

"(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

(U.S. Copyright Office)

Copyright Duration

Never Published, Never Registered Works

Type of Work Copyright Term What is in the Public Domain?
Unpublished Works Life of Author + 70 Years Works from authors who died before 1940
Unpublished Anonymous Works and Works Made for Hire 120 Years from Creation Date Works created before 1890

 

Works Registered or Published in the US

Date of Publication Conditions Copyright Term
Before 1927 None None. In public domain due to copyright expiration
1927 - 1977 Published w/o copyright notice None. In public domain due to failure to comply with formalities
1978 - 1 March 1989 Published w/o notice and no later registration None. In public domain due to failure to comply with formalities
1978 - 1 March 1989 Published w/o notice and with later registration Life of author + 70 years
1927-1989 Published w/ notice Life of author + 70 years or 95 years if corporate authorship
1989 - current None.  All items now copyrighted immediately Life of author + 70 years or 95 years if corporate authorship
Anytime Work prepared by government employee None. In public domain (17 US Code Sec. 105)

 

I Thought You Needed the © for it to be Copyrighted?

In 1989 the United States joined Europe at the Berne Convention, where it was decided that registration for copyright will no longer be needed- all works of a fixed, creative manner are copyrighted automatically.  Thus, the Copyright logo © is not needed (and sometimes not used) on items that do have copyright. 


Copyright is automatically granted at the time a new work is created, including  works of literature, music, photography and images, and other creative works. Registration or attaching a copyright notice to a work is not required.