Copyright & Intellectual Property New
A sourced reference on Copyright & Intellectual Property.
How long does copyright protection last in the United States?
For works created after January 1, 1978, copyright lasts for the life of the author plus 70 years. For works made for hire or anonymous works, protection lasts 95 years from publication or 120 years from creation, whichever is shorter. [Source: U.S. Copyright Office]
What is fair use and when does it apply?
Fair use is a legal doctrine allowing limited use of copyrighted material without permission for purposes like commentary, criticism, news reporting, teaching, or research. Courts weigh four factors: purpose of use, nature of the work, amount used, and market impact. [Source: U.S. Copyright Office]
How do you register a copyright with the U.S. Copyright Office?
Copyright registration is completed online through the U.S. Copyright Office's eCO system at copyright.gov. You submit an application, pay a filing fee (starting at $45 for a single online registration), and deposit a copy of the work. Registration is not required but strengthens legal protections. [Source: U.S. Copyright Office]
What is the difference between a trademark and a copyright?
Copyright protects original creative works like books, music, and art automatically upon creation. A trademark protects brand identifiers — names, logos, and slogans — distinguishing goods or services in commerce and requires active use and registration through the USPTO for full federal protection. [Source: USPTO]
What is a patent and what does it protect?
A patent grants inventors the exclusive right to make, use, sell, or import an invention for up to 20 years from the filing date. The USPTO issues three types: utility patents (processes, machines), design patents (ornamental appearance), and plant patents (new plant varieties). [Source: USPTO]
What constitutes copyright infringement and what are the penalties?
Copyright infringement occurs when someone reproduces, distributes, displays, or creates derivative works from a copyrighted work without authorization. Under U.S. law, statutory damages range from $750 to $30,000 per work infringed, and up to $150,000 per work for willful infringement. [Source: U.S. Copyright Office]
How does a DMCA takedown notice work?
Under the Digital Millennium Copyright Act, a copyright owner can send a written takedown notice to an online service provider (OSP) identifying infringing content. The OSP must promptly remove it to retain safe harbor protection. The alleged infringer may file a counter-notice to restore content. [Source: U.S. Copyright Office]
What does it mean for a work to be in the public domain?
Public domain works are not protected by copyright and can be freely used, copied, or adapted by anyone without permission or payment. Works enter the public domain when copyright expires, is forfeited, or was never applicable — including most U.S. government works and pre-1928 publications. [Source: U.S. Copyright Office]
What is a Creative Commons license and how does it work?
Creative Commons licenses are standardized public licenses that allow creators to grant specific usage rights to the public while retaining copyright. The six license types range from most permissive (CC BY) to most restrictive (CC BY-NC-ND), controlling whether others can share, adapt, or commercialize the work. [Source: Creative Commons]
What is a 'work made for hire' and who owns the copyright?
A work made for hire is a copyrightable work created by an employee within the scope of employment, or a specially commissioned work that falls into one of nine statutory categories with a written agreement. The employer or commissioning party — not the creator — is deemed the legal author and copyright owner. [Source: U.S. Copyright Office]
How do you register a trademark with the USPTO?
Trademark registration begins with a TEAS (Trademark Electronic Application System) filing at USPTO.gov, choosing between TEAS Plus ($250/class) or TEAS Standard ($350/class). The USPTO examines the application, publishes it for opposition, and issues a certificate if no oppositions succeed — a process typically taking 8–12 months. [Source: USPTO]
Can you copyright facts, ideas, or data?
Copyright does not protect facts, ideas, systems, or methods of operation — only the original expression of those ideas. The U.S. Supreme Court confirmed in Feist Publications v. Rural Telephone Service (1991) that raw facts and data compilations lacking creative selection or arrangement are not copyrightable. [Source: U.S. Supreme Court / U.S. Copyright Office]
What is a trade secret and how is it legally protected?
A trade secret is confidential business information that provides a competitive advantage, such as formulas, processes, or customer lists. Under the Defend Trade Secrets Act of 2016 (DTSA), owners can sue in federal court for misappropriation and must take reasonable measures to keep the information secret. [Source: USPTO]
Do you need to include a copyright notice on your work?
Copyright notice (© Year Author) is no longer legally required in the U.S. for works published after March 1, 1989, when the U.S. joined the Berne Convention. However, displaying it is still recommended because it informs the public of your claim, identifies the owner, and can prevent an infringer from claiming innocent infringement as a damage mitigator. [Source: U.S. Copyright Office]
What is IP licensing and what should a licensing agreement include?
IP licensing is a contractual arrangement where a rights holder (licensor) grants another party (licensee) permission to use intellectual property under defined terms. A sound agreement should specify scope of rights, exclusivity, territory, duration, royalty structure, sublicensing rights, quality controls, and termination conditions. [Source: WIPO]
How does copyright protection work internationally?
Copyright protection across borders is governed by treaties, primarily the Berne Convention (181 member countries), which requires member nations to protect works from other member countries as they do their own. There is no single 'international copyright' — protection depends on each country's laws. [Source: WIPO]
What does 'patent pending' mean and does it provide legal protection?
Patent pending means a patent application has been filed with the USPTO but not yet granted. It does not confer legal rights to exclude others from using the invention, but it establishes a priority date and warns competitors. Provisional applications are valid for 12 months and require a non-provisional follow-up. [Source: USPTO]
Can AI-generated content be protected by copyright?
The U.S. Copyright Office has clarified that purely AI-generated content — with no human creative authorship — is not eligible for copyright protection. Works with meaningful human creative input in selection, arrangement, or expression may qualify, but the AI-generated portions themselves remain unprotectable. [Source: U.S. Copyright Office]
What is a copyright assignment and how does it differ from a license?
A copyright assignment permanently transfers ownership of a copyright (or specific exclusive rights) from the original owner to another party — similar to a property sale. A license merely grants permission to use the work while the original owner retains ownership. Assignments must be in writing and signed to be valid under U.S. law. [Source: U.S. Copyright Office]
What constitutes trademark infringement and how is it proven?
Trademark infringement occurs when an unauthorized party uses a mark likely to cause consumer confusion about the source of goods or services. U.S. courts apply a multi-factor likelihood-of-confusion test considering mark similarity, product relatedness, consumer sophistication, and actual confusion evidence. Remedies include injunctions and damages. [Source: USPTO]