Copyright basics  (Page 3/5)

V. How long does copyright last?

Copyright protection lasts for the lifetime of the author plus seventy years. That means, for example, if a young person today were to register a novel or a song in 2011, that novel would be protected by copyright throughout his life. When he dies, for example in 2075, the copyright would pass to his heirs and be effective until the year 2150 (U.S. Copyright Office 1992). If a work was published prior to 1978, its’ copyright is governed by the 1909 Copyright Act. If so, its copyright lasts for 28 years, and may be renewed in order to gain 28 more years.

VI. What is the Public Domain?

When a copyright expires, or is given up by the owner, the work it was part of becomes public domain . (U.S. Copyright Office 1992) An item in public domain can be used, performed, or re-written, without permission, in any way possible. For example, Disney made a movie called “Treasure Planet” in 2002 that retold the story of Treasure Island , but based in the distant future, using space ships instead of sailing ships. (Clements and Musker 2002) The original Treasure Island was published in 1883; its copyright has expired. Other writers may wish to re-write Treasure Island their own way, or use only one character or scene from it; it is up to them. Likewise, thousands of other novels and other works are now in public domain. Many items in public domain can be found on the Project Gutenberg web site (External Link) (Project Gutenberg 2010) .

Ideas are not protected by copyright, only the unique way in which they are expressed. If you wish to quote an idea from another source, you only have to cite the source, not seek permission. Likewise, if you wish to use the idea to create a new resource or graph, you only need to cite where you found the idea. (U.S. Copyright Office 1992)

Most US Government office publications are public domain from the day of their creation. To see some, start searching at (External Link) . In some cases, a writer or photographer hired by the government may negotiate to keep their copyright; these items are normally clearly labeled. For more information about government works and their copyright status, go to (External Link) (U.S. Government 2010)

Practical items are not protected by copyright. A practical item could be a lamp, or a pair of scissors, etc. If the items are decorated by a bit of artwork, the artwork itself could be copyrighted, but the item remains a practical item.

Titles, names, slogans, or short phrases are not sufficient to qualify for copyright protection. In some cases, a title may be protected by trademark. (U.S. Copyright Office 1992)

“Sweat of the brow” compilations do not qualify for copyright protection. These compilations, such as the phone book, are made with a lot of effort but little originality. Many examples can be found on the Internet: bibliographies, listings of collector’s items, locations of historical sites, and so forth. While it is frustrating for the creator of such a list to see it reproduced elsewhere, the list itself does not require enough originality to qualify for copyright protection.