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Copyright represents a type of intellectual property that protects the form of expression in artistic, musical, or literary works, and is typically denoted by the circle c symbol as shown in Fig. 2.8. The purpose of copyright is to preclude unauthorized duplication, distribution, or modification of a creative work. Note that the form of expression is protected rather than the subject matter or ideas represented. The creator or author of a work is, by default, the copyright holder at the time of creation, and has exclusive rights regarding the distribution of the copyrighted material. Even though there is an implied copyright granted to the author at the time of creation, a more explicit means of copyright exists. A registered copyright is one in which the creator has taken the trouble to file the copyright with the Copyright Office, in the United States, and provides a more formal means of copyright than that of the implied copyright of the author.

Fig. 2.8 Copyright symbol.

Copyrights, like patents, have a specific term for which they are valid. Also like patents, this term can vary based on the type of work as well as the country in which the work is published. Once the copyright term has expired, then the work becomes part of the public domain. Currently, in the United States, a work typically has an enforceable copyright for 70 years after the death of the author. However, if the work is a product of a corporation, then the term lasts for 95 years after the first publication or 120 years after creation, whichever comes first[^3]. Though there are exceptions to this general rule, most European countries also subscribe to the copyright term lasting for the life of the author plus an additional 70 years.

Learn by Example

Copyright Term
One point of serious contention between Europe and the United States is the former’s lack of longer corporate copyrights. Whereas in the United States, a product of corporate production might have an additional 25–50 years of copyright protection, currently Europe has no such additional protections. This issue became prominent in 2009 as the European copyright for a cartoon icon, Popeye, expired. In Europe, Popeye is now part of the public domain as it has been 70 years since Popeye’s creator, Elzie Segar, died in 1938.

Though there have been successful attempts to bring better harmony to global copyright law, especially within the United States and Europe, serious inconsistencies still exist throughout the world. Many nations do not even acknowledge copyrights or their legal protection. This lack of acknowledgment further exacerbates the issue of global piracy.

Note
In the United States, as some extremely high value copyrights have been close to becoming part of the public domain there have been extensions to the copyright term. Copyright terms have consistently been lengthened as individuals and corporations have voiced concerns over financial losses resulting from works becoming part of the public domain.

The Copyright Term Extension Act, which was passed in 1998, extended the copyright term by 20 years. At the time, the copyright term was the author’s life plus 50 years, or 75 years for corporate works, but the extension increased the copyright term to life plus 70 years and 95 years, respectively. There are some, notably Lawrence Lessig, who derisively refer to the Copyright Term Extension Act as the Mickey Mouse Protection Act given the Act’s proximity to Mickey Mouse’s originally scheduled entry into the public domain.

Software is typically covered by copyright as if it were a literary work. Recall that copyright is intended to cover the form of expression rather than the ideas or subject matter. Software licensing fills some of this gap regarding intellectual property protections of software. Another software copyright issue is the concept of work for hire. Although the creator of the work is the implied copyright holder, care should be taken to distinguish whether the software developers or their employers are considered the copyright holders. In most instances, when a developer is working on creating a code for a specific organization, the organization itself is the copyright holder rather than the individual developer, as the code is being developed specifically as part of their employment.