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COPYRIGHT LAW BASICS
Disclaimer: The following material is
informational and general in nature and not intended to be
offered as legal advice. To obtain legal advice an
attorney should be consulted with the specific facts of your
case
What is a copyright?
1.0 A copyright gives the
“author” of certain categories of works of
authorship the ability to protect the author’s particular
method of expressing an idea from being copied or infringed by
another.
1.1 A copyright does not give the author
rights in the idea being expressed.
1.1.1 What this means, in other words, is
that others are able to express the same idea, if the original
author’s unique way of expressing the idea is not copied.
Subject matter eligible for copyright
2.0 Copyrightable subject matter (17 U.S.C.
Section 102)
2.1 “a. Copyright protection
subsists, in accordance with this title, in original works of
authorship fixed in any tangible medium of expression, now
known or later developed, from which they can be perceived,
reproduced or otherwise communicated, either directly or with
the aid of a machine or device. Works of authorship
include the following categories:
(1) literary works;
(2) musical works, including any
accompanying words;
(3) dramatic works, including any
accompanying music;
(4) pantomimes and chorographic
works;
(5) pictorial, graphic, and
sculptural works;
(6) motion pictures and other
audiovisual works;
(7) sound recordings; and
(8) architectural works.”
(emphasis added)
Rights Deriving from a copyright
3.1 Ownership of a copyright generally
grants to the owner the exclusive right to:
3.1.1 Reproduce the work in copies or
phonorecords;
3.1.2 Prepare derivative works based on the
work;
3.1.3 Distribute copies or phonorecords of
the work to the public by sale or other transfer of ownership,
or by rental, lease, or lending;
3.1.4 To perform the work publicly, in the
case of literary, musical, dramatic and chorographic works,
pantomimes and motion pictures and other audio-visual works;
3.1.5 To display the work publicly, in the
case of literary, musical, dramatic and chorographic works,
pantomimes and motion pictures and other audio-visual works;
3.1.6 In the case of sound recordings, to
perform the work publicly by means of a digital audio
transmission.
Copyright Registration
4.1 Copyrights are registered with the U.S.
Copyright Office, which is a part of the Library of Congress.
Check out the website at http://www.copyright.gov.
4.1.1 The registration process is
relatively simple, usually not requiring an attorney.
Find the appropriate form at the Copyright Office
website, submit a copy of the work and pay a modest fee
(currently $35 if filed electronically). There is no
substantive examination of the work.
4.2 A registered copyright is required to
be able to bring suit against another for infringement.
While it is possible to register a copyright after
infringement occurs, damages will not accrue until after the
date of registration.
4.3 All works eligible for copyright are
considered to be copyrighted at the time of creation, however,
as explained in 4.2 above, this is a limited amount of
protection.
Copyright Duration
5.0 Copyright duration depends on when the
work was created
5.1 Works created on or after January 1,
1978
5.1.1 Protected from the moment of its
creation for the author’s life plus 70 years
5.1.2 For works made for hire or anonymous
or pseudonymous works, the work is protected for 95 years from
publication or 120 years from creation, whichever is shorter.
5.2 Works created before January 1, 1978
(but not published or registered by that date).
5.2.1 Protected from the moment of its
creation for the author’s life plus 70 years.
5.2.2 For works made for hire or anonymous
or pseudonymous works, the work is protected for 95 years from
publication or 120 years from creation, whichever is shorter.
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