Copyright Vocabulary

Copyright

A form of legal protection that gives creators specific rights over their original works, allowing them to control how the work is used, shared, or sold.

Copyright Holder

The person or organization that owns the rights to a copyrighted work (usually the creator, but sometimes a company or employer).

General Purpose of Copyright

To protect creators’ works by assigning legal rights that encourage creation while balancing public access.

Main Goals of Copyright

The intended outcomes of copyright law, including encouraging cultural, scientific, and technological development, providing financial benefit to creators, and allowing public access to knowledge and entertainment.

Financial Benefit

The ability for copyright holders to earn money from their work through sales, licensing, or royalties.

Protected Works

Types of creative works covered by copyright, such as literary works, artwork, photographs, films, music, software, and scientific writings.

Copyright Duration

The length of time a work remains protected under copyright law before entering the public domain.

Berne Convention

An international agreement that sets minimum copyright standards, including a minimum copyright duration of the author’s life plus 50 years.

Life of the Author +70 Years

The general modern rule stating that copyright lasts for the author’s lifetime and until December 31 of the year 70 years after their death.

95/120 Rule

For corporate or anonymous works, copyright lasts either 95 years from publication or 120 years from creation, whichever is shorter.

Copyright Extension

A legal change that lengthens copyright duration, such as extensions granted for historical events like World War II.

Public Domain

The status of a work once copyright expires, meaning it can be freely used by anyone without permission or payment.

Fair Use

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

Fair Dealing

A more restrictive copyright exception that only applies if the use falls within specific listed categories, such as research, private study, criticism, review, news reporting, or teaching.

Copyright Exception

A legal allowance that permits certain uses of copyrighted works without permission under defined conditions.

Broad Exception

A flexible legal standard (used in the U.S. and U.K.) that allows courts to evaluate whether a use is fair based on multiple factors rather than a fixed list of rules.

Public Policy Goal

A socially beneficial purpose (such as education, research, or free expression) that justifies allowing limited use of copyrighted material without permission.

Fair Use Defense

A legal argument used in court where a person accused of copyright infringement claims their use qualifies as fair use.

Four Factors of Fair Use

The criteria courts use to determine whether a use of copyrighted material is fair.

Purpose of the Use

A fair use factor that examines whether the work is used for nonprofit, educational, or commentary purposes versus personal profit or commercial gain.

Nature of the Work

A fair use factor that considers whether the original work is factual (more likely fair use) or creative (less likely fair use).

Effect on the Market

A fair use factor that looks at whether the use harms the market value or profitability of the original work.

Commercial Use

Use of copyrighted material for business or profit, which is less likely to qualify as fair use.

Educational Use

Use of copyrighted material for teaching or learning purposes, which is more likely to be considered fair use.

Scholarly Use

Use of copyrighted material in academic research, analysis, or commentary, commonly protected under fair use.

Minimal Use

A requirement that only as much of the copyrighted work as necessary is used, so it does not interfere with the copyright holder’s rights.

Copyright Infringement

Unauthorized use of copyrighted material in a way that violates the copyright holder’s exclusive rights.

Public Domain

Works that are not protected by copyright and are free for anyone to use, copy, modify, or distribute without permission.

Copyright Expiration

The point at which copyright protection ends (usually due to time limits), causing the work to enter the public domain.

Works Published Before 1923

Creative works that are automatically in the public domain due to the age of the copyright.

Works Published Between 1923-1963

Works that may be in the public domain if their copyright was not renewed as required by law.

Works Created Since 1989

Works that are automatically protected by copyright, even without a copyright notice.

First Sale Doctrine

A legal rule (Section 109 of the Copyright Act) stating that the owner of a physical copy of a copyrighted work can resell, lend, or dispose of that copy without the copyright holder’s permission.

Lapsed Copyright

A copyright that has expired or was lost due to failure to renew, placing the work in the public domain.

Copyright Notice

A statement indicating copyright ownership; works created before March 1989 that lacked this notice may be in the public domain.

Copyright Protection

The legal rights automatically granted to a creator when an original work is created and fixed in a tangible form.

Automatic Copyright

The principle that copyright protection begins immediately when a work is created, without requiring registration.

Copyright Registration

The process of officially registering a work with the U.S. Copyright Office; recommended but not required to receive copyright protection.

Collective Management Organization (CMO)

A third-party organization that manages copyright licensing for many rights holders by granting licenses, collecting royalties, and distributing payments back to creators.