How can I tell if something is in copyright?
Answer
Works in the United States (and in almost all countries) are automatically copyrighted as soon as they are put in a tangible form -- so pretty much any modern work you can find on the Internet is likely copyrighted, even if it doesn't have a copyright symbol or notice on it.
The copyright symbol and notices like "Copyright" or "All rights reserved" are helpful ways for a creator to signal that the work is copyrighted, but they are not needed to create a copyright! ....
Of course, not all works are under copyright. For a work to get a copyright, several criteria must be met:
- It has to be a copyrightable work -- such as a text, musical work, work of art, or other kind of work specified in the US Copyright Act (or the applicable law of that creator's country). (See 17 USC 102(a).)
- Some kinds of works are excluded from copyrightability -- facts, methods, short phrases and titles, etc. (See 17 USC 102(b).) Also, works of the US federal government are not copyrighted. Laws and regulations are not copyrighted, although publications which include annotations or commentary may be copyrighted. And, creators may choose to dedicate their work to the public domain (for instance, through a Creative Commons CC-0 license).
- It has to be an original work of human authorship -- AI-generated works, automatic security cam footage, accidental doodles by your cat -- are likely not copyrightable. Also, replicas or exact copies of other works are not separately copyrighted, because they are not "original".
- Copyrights eventually expire. In the US, as of 2025, works published before 1930 are in the public domain, and unpublished works whose authors died before 1955 are also in the public domain. The public domain / copyright term expiration is a rolling date, so in 2026, works published before 1931, and unpublished works whose authors died before 1956, will enter the public domain. (Note: There are numerous exceptions and special rules, such as sound recordings, architectural works, and complications due to non-US authors or publications. If you have questions about whether a work is in the public domain, please reach out to the Libraries' Copyright and Information Policy services (copyright@umass.edu).
Works that are in copyright can still be used. Uses that affect the "exclusive rights" of the rightsholder need to receive authorization by the rightsholder, or be covered by one of the many exceptions and limitations in copyright.