Public-domain · open source
OpenJurist

Copyright Law

Permalink

Compiled from primary legal sourcesNot legal adviceHow we source this

Copyright law protects original creative works fixed in a tangible form — such as books and articles, music, films and videos, photographs, artwork, software, and other expressive material. It gives creators certain exclusive rights so they can control and benefit from their work, and it is one of the main branches of intellectual property law.

An important principle is that copyright protects the expression of ideas, not ideas, facts, or methods themselves. Copyright generally arises automatically when an eligible work is created and fixed, though formally registering a work can provide additional legal advantages. The rights typically include controlling how a work is copied, distributed, performed, displayed, and adapted. These rights last for a limited time, after which works enter the public domain and may be used freely.

Copyright law also recognizes limits. Certain uses of protected works may be permitted without permission under principles that allow limited use for purposes such as commentary, criticism, education, or news, depending on the circumstances.

For a non-lawyer, the key takeaways are that using someone else's creative work usually requires permission or a license, and that owning a copy of something is not the same as owning the copyright in it. People consult copyright lawyers to register works, license or transfer rights, respond to claims of infringement, or address unauthorized use of their own creative material.

From the OpenJurist Bookshop

View all Copyright Law books →

Related practice areas

Trademark LawTrade Secret LawPatent LawEntertainment and Sports LawIntellectual Property LawInternet Law

Primary law

The governing U.S. Code, statutes and founding documents for Copyright Law.

Key definitions

Defined terms that recur in copyright law — each links to its dictionary entry.

CopyrightInfringementFair UseOriginalityCopyright NoticePublic DomainLicenseRegistrationDamagesInjunction

Landmark cases (1)

Landmark cases are the Supreme Court decisions that defined or reshaped Copyright Law — establishing the controlling principles courts still apply. Current law leads; where a decision overruled an earlier landmark, the superseded case is shown beneath it.

Key cases of the U.S. Courts of Appeals

The most-cited decisions applying U.S. Code Title 17 (Copyrights) — beyond the landmark cases above.

Frequently asked questions

Further reading

  • Comparative Digital Copyright Law - Paperback
    Comparative Digital Copyright Law - Paperback
    Péter Mezei
  • The Case Against Disclosure - Hardcover
    The Case Against Disclosure - Hardcover
    James Hutson
  • Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights - Paperback
    Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights - Paperback
  • Cultivating Copyright: How Creators and Creative Industries Can Harness Intellectual Property to Survive the Digital Age - Paperback
    Cultivating Copyright: How Creators and Creative Industries Can Harness Intellectual Property to Survive the Digital Age - Paperback
    Bhamati Viswanathan
  • International Copyright 4th Edition: Principles Law and Practice - Paperback
    International Copyright 4th Edition: Principles Law and Practice - Paperback
    Paul Goldstein
  • Compact Copyright: Quick Answers to Common Questions - Paperback
    Compact Copyright: Quick Answers to Common Questions - Paperback
    Sara Benson
  • The Digital Public Domain: Foundations for an Open Culture - Paperback
    The Digital Public Domain: Foundations for an Open Culture - Paperback
  • Intelligent Multimedia. Managing Creative Works in a Digital World. - Paperback
    Intelligent Multimedia. Managing Creative Works in a Digital World. - Paperback
  • Intellectual Property Futures: Exploring the Global Landscape of IP Law and Policy - Hardcover
    Intellectual Property Futures: Exploring the Global Landscape of IP Law and Policy - Hardcover
  • Copyright, Designs and Patents Act 1988 (c. 48) - Paperback
    Copyright, Designs and Patents Act 1988 (c. 48) - Paperback
    United Kingdom Legislation
  • Copyright Africa: How intellectual property, media and markets transform immaterial cultural goods - Paperback
    Copyright Africa: How intellectual property, media and markets transform immaterial cultural goods - Paperback
  • Pirates of the High Cs: Revised 2024 Edition: Opera Bootlegging in the 20th Century - Paperback
    Pirates of the High Cs: Revised 2024 Edition: Opera Bootlegging in the 20th Century - Paperback
    Nicholas E. Limansky
  • Peers, Pirates, and Persuasion: Rhetoric in the Peer-To-Peer Debates - Paperback
    Peers, Pirates, and Persuasion: Rhetoric in the Peer-To-Peer Debates - Paperback
    John Logie
  • Areopagitica; a Speech to the Parliament of England for the Liberty of Unlicensed Printing - Hardcover
    Areopagitica; a Speech to the Parliament of England for the Liberty of Unlicensed Printing - Hardcover
    John Milton
  • The Copywrights - Hardcover
    The Copywrights - Hardcover
    Paul K. Saint-Amour
  • Making Copyright Work for the Asian Pacific: Juxtaposing Harmonisation with Flexibility - Paperback
    Making Copyright Work for the Asian Pacific: Juxtaposing Harmonisation with Flexibility - Paperback
  • Cracking the Patent Search Code: The Step-By-Step Guidebook for Patent Search & Analysis - Paperback
    Cracking the Patent Search Code: The Step-By-Step Guidebook for Patent Search & Analysis - Paperback
    Sudhanshu Das
  • Lion's Share: Remaking South African Copyright - Paperback
    Lion's Share: Remaking South African Copyright - Paperback
    Veit Erlmann
  • Authors, Users, and Pirates: Copyright Law and Subjectivity - Paperback
    Authors, Users, and Pirates: Copyright Law and Subjectivity - Paperback
    James Meese
  • Copyright, its History and its Law: Being a Summary of the Principles and Practice of Copyright With Special Reference to the American Code of 1909 an - Hardcover
    Copyright, its History and its Law: Being a Summary of the Principles and Practice of Copyright With Special Reference to the American Code of 1909 an - Hardcover
    R. R. Bowker
  • Getting Permission: Using & Licensing Copyright-Protected Materials Online & Off - Paperback
    Getting Permission: Using & Licensing Copyright-Protected Materials Online & Off - Paperback
    Richard Stim
  • Musicians and Copyright: A History of Collective Rights Management in the Music Industry - Hardcover
    Musicians and Copyright: A History of Collective Rights Management in the Music Industry - Hardcover
  • Copyright: Best Practices for Academic Libraries - Hardcover
    Copyright: Best Practices for Academic Libraries - Hardcover
    Donna L. Ferullo
  • Intellectual Property and Us Relations with Indonesia, Malaysia, Singapore, and Thailand - Paperback
    Intellectual Property and Us Relations with Indonesia, Malaysia, Singapore, and Thailand - Paperback
    Elisabeth Uphoff

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.