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United States: what the rules say

26 sept 2026 · Información de contexto

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Background on the rules in United States, from the provisions as read on 2026-09-24. Rules differ by country and change over time. This is background, not legal advice — for anything turning on a deadline or a particular court, ask a qualified professional where you live.

US01 | How are the work, the rights and the alleged act told apart?

§102 protects eligible fixed expression and §106 lists the exclusive rights. Preserve the work, the rights relationships and the specific copying or output records. Shared subject matter or ideas alone cannot substitute for an analysis of protectable expression.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E01 (SOP06), E04 (SOP01), E05 (SOP01), E08 (SOP06), E23 (SOP03), E27 (SOP04)

Source: [S01] §§102,106

US02 | How do you preserve material for a fair use dispute?

§107 requires the purpose, the nature of the work, the amount and substantiality used, and the potential market effect to be weighed together. Seeing the words "AI training" does not by itself settle whether something is lawful or infringing.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: Applying fair use depends on the facts and the case law; there is no fixed safe percentage.

Related material: E10 (SOP06), E18 (SOP03), E20 (SOP03), E21 (SOP03), E28 (SOP04), E30 (SOP02), E41 (SOP06)

Source: [S01] §107

US03 | When does registration material need to be completed as well?

§411(a) makes registration or pre-registration a precondition for some civil infringement actions over a United States work, with exceptions; §412 sets separate timing rules for statutory damages and attorney's fees. Neither is a condition of joining this platform.

Applies when: If suing in the United States is contemplated, confirm whether the work meets the definition of a United States work, the timing of registration, and the statutory exceptions.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E07 (SOP06), E09 (SOP06), E43 (SOP06), E44 (SOP05)

Source: [S02] §§411(a),412

Source: [S01] §101 United States work

US04 | Are electronic files and fingerprint reports automatically admissible?

Rule 901 is the baseline for authenticity; 902(13) and (14) add a qualified certifier and notice conditions. Rules 1001–1004 allow certain outputs, duplicates and exceptions, so an original medium is not the only thing that can be used. An ordinary hash report does not automatically satisfy a professional certification.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E17 (SOP02), E24 (SOP02), E26 (SOP02), E29 (SOP04), E32 (SOP05), E39 (SOP05), E44 (SOP05)

Source: [S03] Rules901,902(13)-(14),1001-1004

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