What kind of works are not protected by copyright

What is Copyright? Works created by the U. Government Works for which copyright has expired; works in the public domain Understanding the extent to which materials are copyright protected can help you minimize the risk of infringement by well-intentioned employees. Product Sheet Annual Copyright License. Featured video.

Copyright Basics. For example, trademark law protects the word "Apple," the slogan "Got Milk? You can use any work in the public domain without obtaining permission of the copyright owner.

A work falls into the public domain when the copyright term expires or, in the case of works published between and , if the work lost copyright protection because the copyright owner neglected to take the necessary steps under then-applicable copyright law. Additionally, a copyright owner can directly dedicate a work to the public domain.

This is done expressly, through language such as "Everything on this site to which we own copyright is hereby released into the public domain," or by using the Creative Commons Public Domain Dedication.

Determining whether any particular work is in the public domain is a complex task, and the answer often depends upon when the work was published, whether it was published with notice, and whether the copyright holder subsequently registered the work. However, there are some rules of thumb that will help you with this analysis:. If you want to go beyond these rules of thumb to understand more of the specifics, Cornell Law School has an excellent chart that shows when different types of works published, unpublished, published outside the US will fall into the public domain based on an analysis of pre- and post copyright law.

Additionally, the Creative Commons' Podcasting Legal Guide has a terrific discussion on how to determine whether a work is in the public domain. A word of caution about using public domain works.

You should check whether a public domain work has already been incorporated into another work. Although the public domain portions of that new work are not protected, the author's new expressive content and selection and arrangement of the public domain work may be protected by copyright. Creative Commons' Podcasting Legal Guide gives two examples that illustrates this potential issue:. Subscribe to our content!

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Facts Works created by the United States Government Works not fixed in a tangible form of expression Ideas, concepts, principles, or discoveries Words, phrases, or familiar symbols Additionally, even works that qualify for copyright protection fall into the public domain after a certain period of time. Facts You can use facts in your online work without the fear of liability because facts are not protected under copyright law. Works of the United States Government include: federal judicial decisions federal statutes speeches of federal government officials given in the course of their employment federal government press releases federal government reports such as census reports However, note that copyright law may protect works created by others that the United States Government receives by assignment, bequest, or otherwise.

Works Not Fixed in a Tangible Form of Expression Copyright protection only applies to "original works of authorship" that are "fixed in a tangible medium of expression. When it comes to performances, however, or choreography, simply performing in public does not constitute publication. The copyright symbol should be used by the person who holds the copyright. There is no approval needed to use the symbol, since works are automatically copyrighted.

For example, a website should always have the copyright symbol and the year in the footer. We still recommend using it, though, to inform the public that the work is protected by copyright. It can also identify the copyright owner and show when the work was first published. It does give additional weight to a copyright claim in case the issue goes to court. So be sure to always include the copyright just in case.

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