Research Guides: Intellectual Property Law: Copyright

Statutory Framework

The statutory framework for patent law in the United States is codified in Title 17. In addition to these federal statutes, a constitutional provision is found in Clause 8 of Article I of the United States Constitution. This constitutional section provides Congress the authority to "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries".

The United States Code is published every six years. According to Bluebook Rule 12, you must cite the official code if the statute is published therein.

United States Code Annotated (Westlaw) - Title 17
This is the US Code title which contains the current copyright statutes.
Digital Millennium Copyright Act (HeinOnline)
The Digital Millennium Copyright Act is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization. It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.
Copyright Act of 1976 (HeinOnline)
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions.

Major Treatises

Nimmer on Copyright (Lexis)
Nimmer on Copyright is the undisputed leading authority for in-depth, comprehensive analysis of U.S. copyright law and is the most cited work in the field.
Patry on Copyright (Westlaw)
Patry on Copyright provides an encyclopedic analysis of copyright, placing court opinions and statutes in their real-world context. This treatise is frequently cited as an authority on copyright by state and federal courts across the country, including the U.S. Supreme Court. In addition to enumerating a complete legislative and statutory history for relevant provisions, on pertinent litigation issues, a circuit-by-circuit breakdown is provided.

Practice Materials

Westlaw Practical Law - Copyright: Overview
A Practice Note providing an overview of the main features of US copyright law, including an outline of the legal framework under the Copyright Act of 1976. This Note discusses the types of works that may be protected by copyright, the requirements for a work to qualify for copyright protection, the bundle of exclusive rights provided by copyright, copyright duration, copyright ownership and transfer rules, registration and other procedural formalities, and copyright infringement claims, defenses, and remedies.

Administrative Materials

Compendium of Copyright Office Practices
The Compendium of U.S. Copyright Office Practices is the administrative manual of the Register of Copyrights concerning Title 17 of the United States Code and Chapter 37 of the Code of Federal Regulations. It provides instruction to agency staff regarding their statutory duties and provides expert guidance to copyright applicants, practitioners, scholars, the courts, and members of the general public regarding institutional practices and related principles of law.
Fair Use Index
This Fair Use Index is a project undertaken by the Office of the Register in support of the 2013 Joint Strategic Plan on Intellectual Property Enforcement of the Office of the Intellectual Property Enforcement Coordinator (IPEC). Fair use is a longstanding and vital aspect of American copyright law. The goal of the Index is to make the principles and application of fair use more accessible and understandable to the public by presenting a searchable database of court opinions, including by category and type of use (e.g., music, internet/digitization, parody).

Copyright Searching

Copyright Office - Public Search
This is your starting point for finding copyright records held by the Copyright Office. Here, you can search online records, learn about searching and retrieval services, and view educational videos and materials.