Copyright and Intellectual Property Protection

The History Of Copyrights

Copyright came into play when the printing press was invented in 1440. In the 1400s and 1500s, Venice and England passed laws that granted printers the exclusive right to print books and other works. However, these laws were not designed to protect the creators of the works. Instead, governments benefited from these laws that gave them control over what was printed and let them charge printers for printing rights.

This changed when the Statute of Anne was passed in England in 1710. The Statute of Anne gave protection to the creators of works, not the government, and it set a 28-year limit on protection of intellectual property. Similar laws were passed in France, Denmark, and the US soon after.

Copyright Infringement and Fair Use

Copyright infringement is defined as the use of works without the holder’s permission. Although it is illegal, enforcing it is up to the copyright holder.

In the US, fair use is a legal doctrine that allows parts of materials to be used without permission from the holder. Examples of fair use include criticism, satire, and parody. In many cases of infringement, an intellectual property expert witness can help resolve the case legally. Fair use can be used as a defense against claims of infringement, but to be considered fair use, a work must pass each of the following four criteria:

The Purpose and Character of the Use

Using a work is permissible if the use is transformative and not derivative. For a work to be considered transformative, it must meaningfully change or add to the original work.

The Nature of the Copyrighted Work

The nature of a work—fiction or nonfiction—determines its fair use status. Nonfiction is often considered fair use because it consists of facts, ideas, or knowledge available to the public. Works of fiction, on the other hand, are original and creative: they are eligible.

The Amount and Substantiality of the Portion Used

Fair use also depends on how much of the work is used: the smaller the amount used, the more likely it is to fall under fair use.

However, substantiality also factors into this equation: the more integral the amount used is, the less likely it is fair use. For example, if a small part of the most important chapter of a book is used, it does not constitute fair use.

The Effect on the Work’s Value

A work is more likely to constitute fair use if it does not compete with or damage the original work. For example, Andy Warhol’s tomato soup cans paintings did not devalue or compete with Campbell’s soup, so they were fair use. A photograph of a painting that started outselling the original painting would not be considered fair use.

Public Domain and Length of Copyright

After a set amount of time, protections run out. However, the length varies from country to country. In general, they expire 50 to 70 years after the holder’s death. In the US it expires 70 years after the holder’s death. When a copyright expires, it enters the public domain.

Works in the public domain have no intellectual property rights attached to them; people are free to use, modify, and distribute them. For example, Shakespeare’s work is in the public domain, so anyone can stage his plays or republish them.It is important to note that any work in the public domain, does not automatically leverage it to be freely used.

For example, Mickey Mouse entered the public domain in 2024. But not every version of Mickey Mouse is in the public domain—Mickey Mouse from the 1928 cartoon Steamboat Willy is the only version in the public domain. Mickey Mouse from 1999’s Fantasia is not in the public domain. To make things even more complicated, Mickey Mouse is a Disney trademark, and trademarks do not expire. It cannot be passed off works including Mickey Mouse from Steamboat Willie as an official Disney product.

Conclusion

Copyright protects artists, authors, composers, and other creatives. It is part of a larger network of intellectual property rights including trademarks and patents. These legal protections all work together to ensure that both individuals and organizations get the recognition and benefits they deserve for their work. Without protection of their intellectual property, people wouldn’t get much recognition for their ideas. This lack of incentive might discourage creativity and innovation.

Frequently Asked Questions

1. What are the differences between copyrights and patents?

Patents deal exclusively with inventions. An invention is defined as a new device method, or process. Patent owners hold exclusive rights to produce, use, and sell their invention

2. What is the difference between copyrights and trademarks?

Trademarks are symbols, words, or designs that identify goods or services. They do not give exclusive rights to their owners; trademarks only protect how a symbol, word, or design is used in a particular industry. If a trademark is registered by an individual in the music industry, they hold exclusive rights to that trademark only in the music industry; it is legal to hold a similar trademark in a different industry. Trademarks can be owned by individuals, companies, or other legal business entities.

3. How do I register/create a copyright?

To register, you need to submit a registration to your government’s office. In the US, submit your application to the United States Copyright Office. However, you don’t necessarily have to register. In most countries, it is granted as soon as a work is fixed. However, you do have to register for it in order to file an infringement lawsuit in the US.