For more information, refer to UC Patent Policy and UC Copyright Policy

 •  What is copyright?
 •  What is the Public Domain?
 •  How do I get a copyright on my work?
 •  Should I register my copyright?
 •  How long does copyright last?

What is copyright?

Beginning with the U.S. Constitution, Congress was granted the power "to promote the progress of science and the useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries." The copyright laws were enacted to govern the rights granted to authors to protect their writings and patent law was enacted to govern the rights granted to inventors to protect their discoveries. Over time, the copyright laws were expanded to protect music, sound recordings, pictures and other visual art, movies and other audiovisual works, dramatic and choreographed works, and computer software.

Copyright law protects the expression of ideas, not the ideas themselves. To be eligible for copyright protection, a work must be original and fixed in a tangible medium. It need not be novel or useful, only original.

The term "copyright" actually refers to a bundle of rights that allow the originator of the work the exclusive right to:

In the case of visual works, the author also has the right to:

•	claim authorship of the work (attribution)
•	prevent others from attributing distorted works to original author (integrity)

Together, these rights give the copyright owner the exclusive ability to profit from their efforts.

What is the Public Domain?

Works that are not copyrighted are considered to be in the public domain and anyone may freely use such works for any purpose. The term public domain is often misused when talking about works that are publicly available, such as free software distributed electronically or content available on the internet. These works may identify the creator, contain a copyright notice, or contain restrictions on how the work may be used. Such works are not considered to be in the public domain.

In the past, works without a copyright notice were considered to be in the public domain. Because it is easy to remove notices, especially with electronic distribution, a copyright notice in no longer required for a work to be protected by copyright. Email, postings to internet newsgroups and mailing lists, and software retrieved at ftp sites should all be considered copyrighted works of the author.

How do I get a copyright on my work?

Copyright protection, unlike patent protection, is automatic. As soon as the work is fixed in a tangible medium of expression it is protected under copyright law. You do not have to place a copyright notice on your work for it to be protected, but this is a good idea because it tells others the work belongs to you.

Should I register my copyright?

If the creative expression has commercial potential and is submitted to OTM for development, the OTM will arrange for the copyright registration.

Copyright is granted automatically, but you must register the copyright with the Library of Congress to be able to sue if someone infringes your copyright. The registration process is inexpensive and may be done at any time up to 3 months after the infringement has occurred. If you register prior to infringement you are able to sue for additional damages and attorneys fees.

If you have a valuable program and are planning to sue infringers, you should register your copyright. The current on-line filing fee is $35, and forms are available at the U.S. Copyright Office

How long does copyright last?

For works created after 1978, copyright generally lasts for the life of the author plus 70 years. For works for hire (those works owned by your employer), anonymous or pseudonymous works, copyright generally lasts for 95 years from the date the work was published, or 120 years after the work was first fixed in a tangible medium of expression, whichever comes first.