General legal information for the United States, not legal advice. Read the disclaimer

Copyright Basics for Creators: What Is Protected and How Long

Photo: Tingey Injury Law Firm / Unsplash

Copyright protects original works of authorship, such as books, art, photos, music and software, as soon as they are fixed in a tangible form.

What is covered

  • Writing, music, art, photographs and video.
  • Software code.
  • Architecture and choreography.
  • Not ideas, facts, short phrases or titles.

Ownership

The creator generally owns the copyright, but works made for hire by employees within their job belong to the employer. Commissioned work belongs to the creator unless a signed agreement says otherwise and the work falls into certain categories.

Registration and licensing

  • Registration with the U.S. Copyright Office is optional but generally required before filing an infringement suit, and can provide statutory damages and attorney fees if done timely.
  • Licenses let others use your work under defined terms.
  • Copyright usually lasts for the creator's life plus 70 years for most works.

If someone copies your work

  1. Save evidence of the copying and your original.
  2. Send a takedown notice to the host under the Digital Millennium Copyright Act.
  3. Consider a cease and desist letter.
  4. Register your work if you have not.
  5. Talk to a copyright attorney.

Frequently asked questions

Do I need a copyright notice?

Not required, but it can help deter infringement.

Is fan art infringing?

It can be, depending on use and fair use.

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