Copyright
Protecting original works of authorship.
Learning Objectives
- Define what copyright protects and for how long.
- Explain the distinction between ideas and expression.
- Describe the 'look and feel' and merger doctrines.
- Explain the doctrine of fair use.
Explanation
Copyright protects the expression of ideas — books, music, software, films — for the creator's life plus 70 years. It does not protect the underlying ideas themselves. Fair use allows limited use without permission for teaching, criticism, and news.
In the United States, copyright law protects original forms of expression such as writings (books, periodicals, lecture notes), art, drawings, photographs, music, motion pictures, performances, and computer programs from being copied by others for a period of time. Up until 1998, the copyright law protected works of individuals for their lifetime plus 50 years beyond their life, and works created for hire and owned by corporations for 75 years after initial creation.
In 1998, Congress extended the period of copyright protection for an additional 20 years, for a total of 95 years for corporate-owned works, and life plus 70 years of protection for works created by individuals (the Copyright Term Extension Act, also known as the CTEA). In Eldred v. Ashcroft, the Supreme Court ruled that the CTEA was constitutional.
Copyright does not protect ideas — just their expression in a tangible medium. The drawback to copyright protection is that the underlying ideas behind a work are not protected, only their expression. A competitor can view the source code on your website to see how various effects were created and then reuse those techniques to create a different website without infringing on your copyright.
'Look and feel' copyright infringement lawsuits are about the distinction between an idea and its expression. When ideas and their expression merge (i.e., if there is only one way to express an idea), the expression cannot be copyrighted, although the method of producing the expression might be patentable (the 'merger' doctrine). Copyrights, like all rights, are not absolute: the doctrine of fair use permits teachers, writers, and others to use copyrighted materials without permission under certain circumstances.
Key Points & Important Terms
Key Points
- •Copyright protects original forms of expression, not ideas.
- •Duration: life + 70 years (individuals), 95 years (corporate).
- •1998 CTEA extended protection by 20 years (Eldred v. Ashcroft upheld).
- •Look and feel cases concern the idea/expression distinction.
- •Merger doctrine: expression not protectable when only one way to express.
- •Fair use permits limited use without permission (teaching, criticism, news).
Important Terms
- Copyright
- Protects original forms of expression from being copied; life + 70 years for individuals, 95 years for corporate works.
- Copyright Term Extension Act (CTEA)
- 1998 act extending copyright by 20 years; upheld in Eldred v. Ashcroft.
- Look and feel
- Copyright infringement lawsuits about the distinction between an idea and its expression.
- Merger doctrine
- When ideas and their expression merge (only one way to express), the expression cannot be copyrighted.
- Fair use
- Doctrine permitting use of copyrighted material without permission under certain circumstances.