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Copyright law guarantees the creators of “original works of authorship” protection against the unauthorized duplication of their work. Eight broad categories of works qualify for copyright protection:

 Literary works

 Musical works

 Dramatic works

 Pantomimes and choreographic works

 Pictorial, graphical, and sculptural works

 Motion pictures and other audiovisual works

 Sound recordings

 Architectural works

There is precedent for copyrighting computer software—it's done under the scope of literary works. However, it's important to note that copyright law protects only the expression inherent in computer software—that is, the actual source code. It does not protect the ideas or process behind the software. There has also been some question over whether copyrights can be extended to cover the “look and feel” of a software package's graphical user interface. Court decisions have gone in both directions on this matter; if you will be involved in this type of issue, you should consult a qualified intellectual property attorney to determine the current state of legislation and case law.

There is a formal procedure to obtain a copyright that involves sending copies of the protected work along with an appropriate registration fee to the U.S. Copyright Office. For more information on this process, visit the office's website at www.copyright.gov. However, officially registering a copyright is not a prerequisite for copyright enforcement. Indeed, the law states that the creator of a work has an automatic copyright from the instant the work is created. If you can prove in court that you were the creator of a work (perhaps by publishing it), you will be protected under copyright law. Official registration merely provides the government's acknowledgment that they received your work on a specific date.

Copyright ownership always defaults to the creator of a work. The exceptions to this policy are works for hire. A work is considered “for hire” when it is made for an employer during the normal course of an employee's workday. For example, when an employee in a company's public relations department writes a press release, the press release is considered a work for hire. A work may also be considered a work for hire when it is made as part of a written contract declaring it as such.

Current copyright law provides for a lengthy period of protection. Works by one or more authors are protected until 70 years after the death of the last surviving author. Works for hire and anonymous works are provided protection for 95 years from the date of first publication or 120 years from the date of creation, whichever is shorter.

In 1998, Congress recognized the rapidly changing digital landscape that was stretching the reach of existing copyright law. To help meet this challenge, it enacted the hotly debated Digital Millennium Copyright Act (DMCA). The DMCA also serves to bring U.S. copyright law into compliance with terms of two World Intellectual Property Organization (WIPO) treaties.

The first major provision of the DMCA is the prohibition of attempts to circumvent copyright protection mechanisms placed on a protected work by the copyright holder. This clause was designed to protect copy-prevention mechanisms placed on digital media such as compact discs (CDs) and digital video discs (DVDs). The DMCA provides for penalties of up to $1 million and 10 years in prison for repeat offenders. Nonprofit institutions such as libraries and schools are exempted from this provision.

The DMCA also limits the liability of internet service providers (ISPs) when their circuits are used by criminals violating the copyright law. The DMCA recognizes that ISPs have a legal status similar to the “common carrier” status of telephone companies and does not hold them liable for the “transitory activities” of their users. To qualify for this exemption, the service provider's activities must meet the following requirements (quoted directly from the Digital Millennium Copyright Act of 1998, U.S. Copyright Office Summary, December 1998):

 The transmission must be initiated by a person other than the provider.

 The transmission, routing, provision of connections, or copying must be carried out by an automated technical process without selection of material by the service provider.

 The service provider must not determine the recipients of the material.

 Any intermediate copies must not ordinarily be accessible to anyone other than anticipated recipients and must not be retained for longer than reasonably necessary.

 The material must be transmitted with no modification to its content.

The DMCA also exempts activities of service providers related to system caching, search engines, and the storage of information on a network by individual users. However, in those cases, the service provider must take prompt action to remove copyrighted materials upon notification of the infringement.

Congress also included provisions in the DMCA that allow the creation of backup copies of computer software and any maintenance, testing, or routine usage activities that require software duplication. These provisions apply only if the software is licensed for use on a particular computer, the usage is in compliance with the license agreement, and any such copies are immediately deleted when no longer required for a permitted activity.

Finally, the DMCA spells out the application of copyright law principles to the streaming of audio and/or video content over the internet. The DMCA states that these uses are to be treated as “eligible nonsubscription transmissions.”