Copyright law of the United States

The Copyright Clause (Article I, Section 8, Clause 8) empowers Congress to promote science and the useful arts by securing for limited times the exclusive rights of authors. The first federal statute, the Copyright Act of 1790, protected only maps, charts, and books for a 14-year term, renewable for another 14. Over the 19th century, coverage expanded to prints, musical compositions, photographs, and dramatic works, while the term lengthened. The 1909 Act introduced a dual system of federal and state common-law protection, but the 1976 Act preempted state law and established a single federal scheme effective January 1, 1978.

Section 102 protects original works of authorship fixed in any tangible medium of expression, including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, motion picture, sound recording, and architectural works. Ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries are expressly excluded. Section 106 grants the exclusive rights to reproduce, prepare derivative works, distribute copies, perform publicly, display publicly, and, for sound recordings, perform via digital audio transmission. These rights are subject to limitations such as fair use (Section 107), library and archival exemptions (Section 108), and the first-sale doctrine (Section 109).

For works created after January 1, 1978, copyright lasts for the author's life plus 70 years; for works made for hire and anonymous or pseudonymous works, it is 95 years from publication or 120 years from creation, whichever is shorter. Ownership initially vests in the author, but for works made for hire, the employer or commissioning party is deemed the author. Registration with the U.S. Copyright Office is not required for protection but is a prerequisite for filing an infringement suit and for statutory damages and attorney's fees. The Copyright Office also administers the recordation of transfers and the deposit system for published works.

One lesser-known feature is the 'manufacturing clause' of the 1976 Act, which until 1986 required certain works to be printed in the United States or Canada to receive full protection. Another is the 'termination of transfers' right (Sections 203 and 304), allowing authors or heirs to reclaim rights 35 years after a grant, a provision that has enabled musicians and heirs to regain control of valuable catalogs. The 'Music Modernization Act' of 2018 created a blanket mechanical license for digital streaming and a new collecting society. Also notable is the 'fair use' doctrine's application to reverse engineering and search indexing, as affirmed in cases like Sony v. Universal and Authors Guild v. Google. The Copyright Office's 'rule of doubt' registration process accepts claims without full examination, shifting enforcement to courts.

Fair use

A legal doctrine permitting limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Work made for hire

A work created by an employee within the scope of employment or a specially commissioned work, for which the employer or commissioning party is considered the author and owner.

First-sale doctrine

A principle that allows the owner of a lawfully made copy to sell or dispose of it without the copyright owner's permission.

Termination of transfers

A statutory right allowing authors or their heirs to terminate grants of copyright transfers or licenses after a specified period, typically 35 years.