On its most basic level, copyright is an intellectual license that gives the creator control over how their creation is used. This allows creators to copy the original creation, distribute copies of the original creation, and create new material based on the original, such as sequels. It is designed to preserve intellectual revenue. Corporations and individuals can both hold copyrights.
In accordance with the Copyright Act, Section 102, the following are protected items:
1998 Copyright Term Extension Act
Copyright protected works move into the Public Domain once copyright expires.
Here are a couple of places that you can use to check on copyright status:
Copyright Term and the Public Domain in the United States
Depicts the copyright status of a work based on publication year and/or renewal.
Copyright timeline that will allow you to determine copyright based on year of creation.
Creative works enter public domain once their copyright expires. There are two other instances when a work may be considered public domain:
It's important to determine if items are under copyright. Some items will explicitly state that they're under copyright. Here is a resource that can be helpful if copyright protections are not explicitly listed.
There are several ways you could be able to use an item that is protected by copyright.
Your use may fall under exceptions of copyright law if they align with the following categories:
Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools.
Learn more here.
Though not an all-inclusive list, here are the basics of each concept to help differentiate between the two:
Copyright Violation
Plagiarism
Q. Who owns the rights to a tattoo? The person who recieved the tattoo or the tattoo artist?
A. The tattoo artist owns the rights to the tattoo.
In the 2011 Warner Bros. production of The Hangover 2, Mike Tyson's iconic face tattoo was depicted on one of the characters within the film. S. Victor Whitmill, Mike Tyson's tattoo artist, sued Warner Bros. The judge presiding over the case agreed with the artist, stating that tattoos are physically tangible and no different than paintings and sculptures. This particular case was settled out of court.
20th Century Fox sued Universal Studios for borrowing a little too much from Star Wars. The copyright infringement lawsuit listed thirty-four (34) distinct similarities between the two shows. Universal Studios countersued, claiming that Star Wars borrowed heavily from Silent Running (1972) and the 1940's Buck Rogers serials. After two years in court, the case was found in favor of Battlestar Galactica, but by then the original show was canceled and The Empire Strikes Back was being released in theaters.
An Important determiner of copyright infringement is the amount of the original work being used. A snippet of a larger work, such as a single frame from a music video or 30-minute show, can be considered fair use. Using a photographers image, however, uses the entirety of the original work.