Reasonable people can disagree about where the unprotectable "idea" ends and the protectable "expression" begins. Īlthough fundamental, the idea–expression dichotomy is often difficult to put into practice.
Another author is free to describe the same theory in their own words without infringing on the original author's copyright. The theory itself is just an idea, and is not copyrightable. The paper is the expression of the author's ideas about the political theory. In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.įor example, a paper describing a political theory is copyrightable. From the Copyright Act of 1976 ( 17 U.S.C. The distinction between "idea" and "expression" is fundamental to copyright law. This distinction is called the idea–expression dichotomy. Pictorial, graphic, and sculptural worksĬopyright law protects the "expression" of an idea, but copyright does not protect the "idea" itself.Copyright law includes the following types of works: This protection is available to both published and unpublished works.
The United States copyright law protects "original works of authorship," fixed in a tangible medium including literary, dramatic, musical, artistic, and other intellectual works. As with many legal doctrines, the effectiveness of copyright law in achieving its stated purpose is a matter of debate. The goal of copyright law, as set forth in the Copyright Clause of the US Constitution, is "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This includes incentivizing the creation of art, literature, architecture, music, and other works of authorship. The Congress shall have Power to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
It was not until a full 180 years after its establishment that it was significantly extended beyond that, Copyright Act of 1976 to "Either 75 years or the life of the author plus 50 years" and the Sonny Bono Copyright Term Extension Act of 1998 (also called the "Mickey Mouse Protection Act", because it prevented the copyright from expiring on the first commercial success of the Disney cartoon character Mickey Mouse), which increased it even more, to 120 years, or the life of the author plus 70 years. 40 years later, the initial term was changed to 28 years. The length of copyright established by the Founding Fathers was short, 14 years, plus the ability to renew it one time, for 14 more. federal copyright law, the Copyright Act of 1790. United States copyright law traces its lineage back to the British Statute of Anne, which influenced the first U.S. Main article: History of copyright law of the United States
In the United States, works published before January 1, 1927, are in the public domain. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. The Copyright Law of the United States grants monopoly protection for "original works of authorship".