This fixation occurs when an expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than a transitory duration. The rights attach immediately, without need for a copyright symbol. The date also attaches immediately. A violation of copyright occurs when someone without authorization of the copyright owner displays or makes an exact duplicate of the work or creates a derivative work based on the copyrighted expression. Most of the exceptions to this rule lie within the doctrine of fair use.
Courts determine whether facts fall within the ambit of the doctrine on a case by case basis.
Thus, reliance on the doctrine of fair use is a dicey proposition at best. 5 Rights are lost altogether when a work enters the public domain. This usually happens when rights lapse through the passage of time. Depending upon the date of creation, rules vary as to when a work enters the public domain. Invariably, copyright protection expires when works enter the public domain.