What is a Copyright?
Copyright is a form of protection provided by the laws of the United States, title 17, of the U.S. Code, to the authors of "original works of authorship," including intellectual works, literary, dramatic, musical, artistic, comedic, electronic or otherwise displayed for understanding. This protection is available to both published and unpublished works.
Section 106 of the 1976 Copyright Act, generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
To reproduce the work in copies, photocopies electronic transmissions.
To produce derivative works based upon the work.
To distribute copies or photocopies in any medium, including but not limited to electronic transmissions.
To perform publicly work in pantomimes, and motion pictures and other audiovisuals, including but not limited to electronic transmissions.
To display works, including the individual images of a motion picture or other audiovisual work, including but not limited to electronic transmissions.
Digital Audio, Visual, sound and sight recordings, to perform for the public by means of digital transmission, including but not limited to electronic transmissions.
Who can Claim Copyright
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work for hire" as:
If the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement the
contrary.
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.
Two general principals apply. Mere ownership of a book, manuscript, painting or any other copy or works does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any right in the copyright.
Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.
In addition, certain authors of works of visual art have the right of attribution and integrity as described in section 106A of the 1976 Copyright Act.
It is illegal for anyone to violate any of the rights provided by the copyright law to owner of copyright. These rights, however, are not unlimited in scope. Section 107 through 121 of the 1976 Copyright Act establishes limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability.
One major limitation on these rights is the doctrine of "fair use," which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright laws.
What works are protected?
Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author.
Copyright protects "original works of authorship" that are fixed in tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device.
What is not protected by copyright?
Work that has not been fixed in a tangible form of expression is not protected by copyright.
Titles, names, short phrases, and slogans, familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listings of ingredients or contents.
Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration.
Works consisting entirely of information that is common property and containing no original authorship, such as standard charts, calendars, rulers, and lists or tables taken from public documents or other common sources.
How to secure a copyright
Your copyright is secured automatically upon creation.
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. However, there are definite advantages to registering your material for records with a copyright service.
Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or electronic transmission for the first time. The right to copy and distribute the work is secured by copyright laws, but the documentation of following those laws is secured with a copyright service.
It is important to document your authorship and copyrights in order to establish evidence of ownership of copyrights to sell. The sale of copyright can be understood as copies sold, either in hard copy or by electronic transmission.
"Copies" are material objects from which a work can be read or visually perceived either direction or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm.
"Electronic transmission" is transferring by electronic medium, the fixations of sound, visual and/or text material by electronic device.
Publication:
Publication is no longer the key to obtaining copyright as it was under the Copyright Act of 1909.However, publication remains important to copyright owners.
The 1967 Copyright Act defines publication as:
"Publication is the distribution of copies or phonorecords of a work to the public by sale or other tranfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.
When a work is published, it may bear a notice of copyright to identify the year of publication and the name of the copyright owner and to inform the public that the work is protected by copyright.
Notice of Copyright
The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, the use of notice is still widely used to secure the copyright status.
The notice for visual perceptible copies should contain the follow three elements:
The symbol
© (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."The year the work was created and put into a fix copy.
The name of the author or owner of the copyright.
Example:
© 2001 CyberCharlieThe copyright notice should be affixed to copies in such a way as to give reasonable notice of the claim of copyright. The three elements of the notice appear together on the copies.