Learning the Basics of Copyright Law
Copyright Law is an area of intellectual property law that protects creative works such as literary and artistic content, music, and inventions. Copyright law recognizes the creator’s exclusive right to reproduce the protected content, sell tickets or license for public viewing and display, and the financial benefits generated from the associated public consumption. Copyright generally involves registration with the United States Copyright Office and covers works created in or following March 1, 1989. There are many relevant copyright concepts, including fair use and derivative works. Analyzing these concepts in depth will help you as you consider the intersection of copyright law with your specific interests.
In the U.S., a copyright does not cover the actual idea or theme behind a work (e.g., a cookbook), but it does protect the tangible expression of the general idea or theme (e.g., the exact copy of the cookbook) . Copyright law also includes fair use, which allows reproduction of copyrighted works for limited purposes such as commentary, criticism, news reporting, teaching, or for research. Fair use can be relevant for examining the limits of copyright and has commercial, educational, and nonprofit implications that can impact your target clients based on where you currently work or the industries you are interested in working in as a lawyer.
Other areas of copyright law include derivative works, which can be any work that is an adaptation or rendition of an existing work (e.g., a new song based off of a classic song), that is in a "fixed" form. (Copyright covers the original who created the derivative work.) License agreements, which involve permission for use of a copyrighted work, and exclusivity, also play a role.
The Copyright Office has a number of resources, including guides, FAQs, and a searchable database, to consult as you begin your exploration of career opportunities in copyright law.
Areas of Study and Career in Copyright Law
A variety of career paths are open to individuals with a degree in copyright. For lawyers, the two primary options are to work for a private firm or go in-house. There are also a variety of government positions for lawyers as well, including research positions with the Library of Congress (for U.S. copyright law) or the World Intellectual Property Organization (for foreign copyright law). Other individuals may choose non-lawyer graduate study. Copyright is often a part of international studies, communication, fine arts, or even computer science degree paths. For lawyers and non-lawyers alike, many individuals specialize in copyright litigation, while others work principally in some area of transactional law.
Copyright law firms, or IP law firms as they are sometimes called, are a niche area of practice that have popped up in more and more cities. These firms typically boast several lawyers, and handle the entire range of copyright-related concerns. Large firms—like Baker Hostetler or Kilpatrick Townsend & Stockton—have multiple offices with dozens of copyright lawyers. Companies often hire a roster of firms and/or boutique copyright practices to handle different areas of practice. As the world becomes more and more digital, established law firms are increasingly investing in their IP departments.
Many companies, such as Apple Inc., Google, Sony, and Microsoft, have entire departments devoted to copyright. Copyright counsel at these companies handle internal copyright-related disputes over IP developed in-house, and works that are purchased or licensed from outside the company. In-house positions can be extremely competitive, but companies will sometimes recruit for positions that the legal department doesn’t actually staff. When that happens, department heads will often find legal counsel using outside firms to fulfill their copyright needs.
Government positions for lawyers include clerks, staff attorney positions at the U.S. Supreme Court, and faculty positions in federal government agencies that extend through the executive, legislative, and judicial branches. There are also opportunities in other areas, including non-profit organizations. The Department of Justice, the Library of Congress, and the House and Senate Judiciary Committees all hire legal counsel. Posting sites like the Federal Bar Association and the ABA’s Governmental Affairs Section website can be helpful resources for finding government jobs. For non-lawyers, academic departments of communications and international studies also often offer fellowship opportunities. Finding such fellowships can take dedicated searching, but opportunities arise regularly.
As technology pushes the envelope in the creative industries, attorney jobs related to copyright are increasingly focused on negotiating transactional agreements. Copyright attorneys are also frequently involved in licensing arrangements in the new industrial landscape. Graduates may also head into the world of higher education, where copyright law takes on many of the same dimensions as in the corporate sector. Positions in university development or advancement offices sometimes require dealing with copyright issues.
Required Education and Skills
A career in copyright law generally requires a strong academic foundation, typically including a Juris Doctor (J.D.) degree from an accredited law school that includes a focus on intellectual property and copyright law. Some positions may require or prefer a Master of Laws (LL.M.) in intellectual property or copyright law, as well as bar admission to the state in which an attorney will be practicing.
Certified Information Privacy Professional (CIPP) certification is especially helpful for those looking to break into the copyright law field, as it demonstrates advanced knowledge of copyright and related laws, particularly when the area of focus requires working with copyrighted works online. This certification requires passing the 75-question CIPP exam, which tests applicants’ knowledge of international and national privacy laws such as the European Union’s General Data Protection Regulation, the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act.
In addition to degrees and certifications, education in computer programming – either obtained through formal education or through self-study – is also a valuable asset in this field. Many of the jobs that deal with copyrights and digital materials will require at least a basic competency in computer science and programming, especially alongside a J.D. degree.
With the rise of online publishing, digital works and e-commerce, a working knowledge of copyright and intellectual property law is invaluable.
Job Outlook and Demand
The job market for professionals in copyright law has experienced fluctuations in recent years, reflecting broader trends in the legal sector. As various industries pivot towards digital technologies, the demand for legal expertise in copyright protection has surged. Both the private and public sectors have recognized the necessity of robust copyright protections and the importance of copyright policies in preserving innovation and creativity. The increasing prevalence of digital content has propelled the need for copyright lawyers and specialists, particularly in media, technology, entertainment and academia. Law firms specializing in intellectual property have been on the lookout for skilled copyright counsel to round out their corporate practices. Law schools, businesses and intellectual property firms have also increased their recruitment efforts for professionals who have specific expertise in copyright law. These entities seek individuals with a strong educational and practice background in the area, as well as familiarity with regulations and operations of organizations such as the U.S. Copyright Office and the Copyright Royalty Board. Among other outlets , state and federal government agencies have also advertised job openings for copyright specialists and lawyers. These positions generally are found in the U.S. Department of Justice, the Copyright Royalty Board, the U.S. Patent and Trademark Office, the National Archives and Records Administration, the Library of Congress and the U.S. International Trade Commission. They offer a wide range of practice areas that encompass copyright law and related disciplines. Although they are available, copyright law jobs are often less lucrative than opportunities in other specialties, like patent law. Copyright law positions have comparatively smaller salaries for a number of reasons, including a limited number of top-tier boutique law firms that focus primarily on copyright law and the fact that fewer practitioners have the necessary technical undergraduate and graduate degrees. Law schools, however, have reported an increase in students who are seeking to gain in-depth knowledge of intellectual property law, copyright in particular, in their pursuit of an LL.M. degree.
Obstacles and Opportunities Ahead
One of the challenges professionals in the copyright law field often face is the rapidly changing nature of the work—particularly when it comes to technology. Keeping up with form, shape and manner in which content can be accessed and consumed in a way that protects the creator and delivers content to consumers efficiently and effectively is a constant challenge. Understanding how and when copyright can be applied to new technology is what can differentiate one professional over another. How you approach that, and what that will entitle you to, is something that every professional must constantly explore; this is what leads to specialization amongst legal professionals who work with copyright.
A significant opportunity for professional growth and specialization comes in the form of pursuing higher education. One of the best options available to professionals looking to further their education is obtaining an online Master of Science in Law with a concentration in Intellectual Property from a nationally-ranked law school. In addition to the benefits of obtaining an advanced degree, the online format allows you to continue working and advancing your career while you advance your education.
Networking and Professional Growth
Like most areas of the law, professional development and networking are essential in building a successful practice in copyright. Attending seminars, conferences, and other events relevant to your practice can not only provide valuable education and insight into the latest issues in the field, but can also provide essential networking opportunities with other professionals , both inside and outside of your particular practice area. The American Bar Association Intellectual Property Law Section, for example, regularly hosts meetings and events, including CLEs, as well as a very useful list of resources related to copyright and other IP legal practice areas in its Resources section. Other organizations can provide various forms of assistance for copyright law professionals, as well as additional networking opportunities.