Copyright Basics: What's Protected and What Isn't

Copyright protects original works of authorship fixed in a tangible form — writing, music, photography, software code, artwork, film. Protection attaches automatically the moment the work is created and fixed; there's no requirement to register or even add a copyright notice, though both provide real practical advantages.

What copyright does not protect

Copyright protects the specific expression of an idea, not the idea itself. Facts, procedures, systems, and short phrases or titles generally aren't protectable by copyright — someone else can write their own book about the same historical event, use the same basic recipe, or build a similar (but not copied) piece of software. This distinction trips people up constantly.

Why registration still matters

Registering with the U.S. Copyright Office isn't required for protection to exist, but it's required before filing an infringement lawsuit for a U.S. work, and registering promptly (within specific time limits after publication) makes statutory damages and attorney's fees available — which is often what makes pursuing infringement financially realistic in the first place, since proving actual monetary damages from infringement can otherwise be difficult.

Fair use

Fair use allows limited use of copyrighted material without permission for purposes like commentary, criticism, news reporting, teaching, or parody. Courts weigh several factors — the purpose of the use, the nature of the original work, how much was used, and the effect on the market for the original — and it's a genuinely fact-specific defense, not a fixed rule with a bright line, which is why fair use disputes are so common and so unpredictable.