What kinds of content qualify for protection
e-Newsletter content that qualifies for copyright protection includes articles, marketing literature, product descriptions, ads, photos, illustrations, graphical works, technical drawings, diagrams, and multimedia works. Domain names and URLs are not protected by copyright (but they may qualify for trademark protection).

To qualify, the content must be original work, meaning “something that the author created without copying the work of someone else.”¹

Generally, a newsletter layout is not copyrightable in the U.S. – only the substantive content. In some European jurisdictions, you may be able to obtain limited copyright protection for a page layout and typography.

Works created by the U.S. government, or by government employees while on the job, cannot be protected by copyright.

Digital format
To qualify for copyright protection, newsletter content can be distributed in any digital format (including text, HTML, PDF, jpg, gif, etc.), as long as it can be retrieved, viewed, read or heard by the public, or by its intended readers (e.g. subscribers), or by those who have been granted access to the publication.

Printed newsletter content does not lose its copyright protection when it is converted to a digital format.

Storage and distribution
Content qualifies for copyright protection if it is stored in digital form on a computer hard drive, floppy disk, Website host server, CD, DVD, or perhaps (according to some courts) in RAM memory. The content can be distributed to readers via the Internet or other online network (including e-mail), and read or viewed through the use of a computer or other electronic machine such as a VCR, DVD player, CD player, cellular phone, handheld computer, etc.

Who owns the copyright?
In general, the author of an original work owns the copyright, if that author is independent – a freelancer, for example. If the author happens to be an employee who created the work within the scope of his or her employment, or if the author is hired to create the newsletter on a “work for hire” basis, then the employer owns the copyright, unless otherwise provided for by an employment agreement or work-for-hire contract.

How long does the copyright last?
Under U.S. law, if the author is independent, the copyright term expires 70 years after his or her death. In the case of two or more co-authors, the copyright expires 70 years after the last author dies. If the work is “made for hire,” or the copyright owner is an employer, the term is 95 years from the date of first publication or 120 years from original creation, whichever comes sooner.

Once the copyright expires, or if the owner abandons the copyright, then the work becomes public domain.

These rules for copyright ownership and length of term apply to both printed and electronic publications.

Rights – what does “protection” mean?
The owner of a copyright has the exclusive right to exploit his or her work commercially. That right includes making copies of the work, preparing derivative works based on the original work, distributing copies of the work publicly, selling copies of the work, and granting permission to use, copy, sell or distribute the work.

Copyright notice and registration
As soon as you create an e-newsletter, or a component of a newsletter such as an article or illustration, and save it, that content is protected by copyright law. You don’t have to take any further action whatsoever to enjoy legal protection. However, posting a notice – and in some cases registering the work with the U.S. Copyright Office – is advisable. A minimal copyright notice looks like one of these:

International © protection
All of the above is based on United States law. There is no such thing as an international copyright. But when you publish a newsletter or a single article on your website (unless it is posted on a password-protected intranet or extranet), you are publishing it internationally whether you intend to or not. Any infringement that takes place in a foreign country must be dealt with according to the laws of that country.