By Leslie Doyle | 04/07/2025
If you're a business owner, an artist, or a manager of performing artists, it’s essential to learn the basics of copyright law and learn how to protect creative works. The Copyright Act of 1976 automatically grants copyright ownership to a work’s creator. The creator has exclusive right to own and control artistic works, including:
- Architectural designs
- Audiovisual productions
- Books and literary works
- Computer programs and applications
- Dramatic works, including accompanying music
- Film and motion pictures
- Musical compositions and sound recordings
- Paintings and visual art
- Pantomimes and choreographic works
- Photographs and illustrations
- Sculpture and artistic works
How to Copyright Your Work
Contrary to popular belief, you don't need to fill out paperwork with the federal government in order for your work to be copyrighted. All that’s necessary is to create an original work and fix it in a tangible medium of expression by creating a tangible record, such as a paper document or a digital file. Once those steps of involving the creation of a tangible medium of expression are done, you automatically have the right to reproduce, distribute, perform the work publicly, or display it.
Some items are not protected by copyright law. For example, you can't copyright titles, slogans, and short phrases. Similarly, geometric shapes and common symbols are not eligible to be protected by a copyright.
An artistic work is considered original if it was created by a human and exhibits a “minimal degree of creativity.” However, creativity can be subject to interpretation, as was the case involving the hip-hop group 3LW vs. Taylor Swift.
3LW songwriters Sean Hall and Nathan Butler sued Taylor Swift for copyright infringement. The duo claimed that Swift lifted the lyrics of her song “Shake It Off” from their 2001 tune “Playas Gon' Play.”
Their claim was based on the fact that Swift used the lines “players gonna play” and “haters gonna hate” in her song. Swift argued that those sayings were common and that she was unfamiliar with the 3LW song. A judge dismissed the case, stating that the lyrics were “too banal” to be copied.
Registering Copyrights
There are certain advantages to registering a copyright. “Although an original work is automatically protected by copyright if it is created in a tangible form, there are multiple reasons why registering a copyright with the United States Copyright Office is worth doing,” says Dr. Gary Deel, a professor of business at American Military University.
The top three reasons to register a copyright are:
- Legal enforcement: Registration is required if copyright holders are to enforce their rights in a legal case. Without a registered work, a copyright holder cannot bring a suit in case of copyright violation. Without this ability, the work’s creator is significantly limited in the ability to prevent unauthorized usage of the work.
- Public record: Registration creates a public record of ownership. Determining ownership is more easily established if there is a dispute in a legal case. The prevalence of piracy and unauthorized copying is high, especially in publishing, film, and music. In the event of a dispute, official registration makes it much more convenient to bring a legal case.
- Financial protection: Registration allows a copyright holder to recover statutory damages and attorneys’ fees. Without registration, the copyright holder must prove actual damages, which can be costly and difficult to determine. Statutory damages, ranging between $750 and $30,000 per work (and much more in the case of willfulness), provide a more predictable and greater recovery of funds.
Ultimately, business owners, authors, and content creators should copyright any commercially significant work or work that is to be distributed broadly, such as:
- Books
- Films
- Electronic content
- Music
- Computer applications
By registering their work, they have stronger legal protection and enforcement rights, which is important to maintaining and protecting intellectual property, as Dr. Deel explains.
Enforcing Copyrights
Anyone who violates the exclusive rights of a copyright owner may face civil penalties and could be held liable for statutory damages. Copyright owners are entitled to statutory damages that include any financial damages they faced and any profits made by the person who infringed on their copyright.
If the infringement was made willfully and for financial gain, the perpetrator may also face criminal charges. Penalties can include up to five years in prison and fines of up to $250,000.
Copyright cases may seem rare or far-fetched, but when the stakes are high enough, the federal government does pursue them. In one case, a California DJ was found guilty of copyright infringement after he created a website that allowed users to download copyrighted music for free. He profited from this business by selling ad space on the site and was sentenced to five years in prison.
Protecting Your Company’s Intellectual Property
“Business leaders should have an understanding of copyrights and law to safeguard their firm's intellectual property and avoid future infringement problems,” says Dr. Deel. “Where a business develops original work, it needs to implement measures to protect and register its copyrights. This way, they have control over how and when the works are used and distributed.”
Copyrights protect original works of authorship. This protection doesn’t just include creative works but also those works created in the context of a business. Original works for a business could include:
- Computer code
- Business reports
- Marketing materials
Business Copyright Ownership
If an employee or vendor/contractor produced a creative work for you, you may be entitled to copyright protection as the business owner. This situation generally involves two scenarios:
- The work is created by an employee as part of their normal work responsibilities.
- The work is created by another party on your behalf, specifically by written agreement with your business as the commissioning party.
Copyright Duration
For most works created after 1978, copyright protection lasts for the life of the author plus 70 years. For anonymous works or corporate works, copyrights extend 95 years from the first publication or 120 years from the date of creation, whichever comes first.
Recognizing Copyright Ownership
“Business leaders should also be sensitive to the risk of someone else’s copyrighted work,” says Dr. Deel. “Just because something is available on the internet does not mean it is legal to use freely. Unauthorized use of copyrighted work may lead to costly lawsuits and harm to one’s reputation.”
Deel recommends that companies establish policies to introduce employees to copyright law, especially laws related to images, videos, computer software, and text.
Understanding the Fair Use Statute
Another important concept for employees to understand is fair use. The fair use statute of U.S. copyright law states that it is permissible to use limited portions of a work, including quotes, for purposes such as:
- Commentary
- Criticism
- News reporting
- Scholarly reports
Companies may use fair use as an excuse to use copyrighted content without clearing it, but that can be a slippery slope, legally speaking. Courts consider various factors, such as:
- Educational vs. commercial use
- The nature of the copyrighted work
- The quantity/amount used
- The potential market impact
- If the work is in the public domain
“Misinterpreting fair use can get you into trouble,” cautions Dr. Deel. “For certain types of digital content, business leaders should also be familiar with license agreements.
“For example, when they use stock images, computer software, or creative materials, they should carefully read license agreements to ensure they are within compliance. As always, paying for sound legal advice can help firms deal with these matters and prevent costly mistakes.”
Works in the Public Domain
If you plan to use works created by someone else, look for materials that fall in the public domain.
When a copyright expires, the work becomes part of the public domain and can be used without the permission of the original work’s creator. If an original work is now part of the public domain, you can use it in its entirety or use it as a part of derivative works.
A derivative work is a work based on or derived from an existing creative work. Common derivative works include:
- Translations
- Musical arrangements
- Motion picture adaptations of literary works
- Adaptation of art in a different medium
The Impact of Artificial Intelligence on Copyright Protection
“The advent of artificial intelligence raises complex copyright concerns. Issues arise both for users of AI in their work and those who wish to protect their intellectual property from AI-generated works,” says Dr. Deel.
“One of the most significant questions is whether AI-generated works can be copyrighted. Under U.S. copyright law, copyright only protects works created by human authors. The U.S. Copyright Office has been extremely clear that AI works with no significant human contribution cannot be registered for copyright protection."
Dr. Deel adds, “However, if a human being makes significant creative choices in editing or arranging AI-generated material, the human-authored contribution can qualify for copyright. Preventing an AI from accidentally utilizing copyrighted content in the outputs is another major concern.
“Generative AI tools and other AI models are generally trained on vast quantities of recent content, including copyrighted content. When an AI tool generates text, images, or music very similar to copyrighted content, users can accidentally violate copyright law. AI developers and users should proceed with caution when they are working to produce original material.”
Some steps to avoid unintentional copyright infringement might include using AI models trained only on suitably licensed content or manually inspecting outputs to determine if there is possible infringement.
Also, AI challenges the viability of the basics of copyright law. Traditional copyright systems are based on human authorship and ownership records, but AI complicates originality and attributability.
This complexity has led to legal debates as to whether corporations that deploy AI could be held accountable for what their AI tools produce. These legal decisions will impact how copyright law will evolve to account for emerging technologies.
“To minimize threats, AI content providers should aim to add a human creative layer to AI-generated content and, if needed, consult with legal advisers to ensure compliance,” explains Dr. Deel. “Ultimately, copyright law will continue to evolve as courts and legislatures respond to these emerging challenges, and so businesses and creative authors must keep themselves informed on these issues as well.”
Business Administration Degrees at American Military University
For adult learners interested in management, ethics, economics, and copyright law basics, American Military University (AMU) offers several business administration degrees:
- An online Associate of Arts in Business Administration
- An online Bachelor of Business Administration
- An online Master of Business Administration
Taught by expert faculty members, courses in these programs include the basics of business, leading in the technology age, and law and ethics in the business environment. Other courses include artificial intelligence practices in business, strategic management, and legal and ethical issues in management.
These degree programs have received specialty accreditation from the Accreditation Council for Business Schools and Programs (ACBSP®). This accreditation ensures that both programs have been rigorously examined and held to high academic standards.
For more information on AMU’s programs, visit our business and administration management program page.
ACBSP is a registered trademark of the Accreditation Council for Business Schools and Programs.