« Client receives Honorable Mention for City Guide and Review | Home | Film Clearance Basics »
Copyright Basics
By Saper Law | June 13, 2007
What is a copyright?
A copyright is a set of exclusive rights given to an original author to regulate the use of a particular expression of ideas. These rights gives the owner of the copyright the exclusive right to make copies of the work, distribute copies of the work to the public, prepare derivative works, perform the work publicly, and display the work publicly. Basically, the copyright owner has the right to exploit his/her own work, but those rights are unavailable to any others.
What are the requirements for obtaining a copyright?
According to federal statute 17 U.S.C. 102(a), copyright protection applies to any work that is: 1) original, 2) a work of authorship, and 3) fixed in a tangible medium of expression.
An original work is one independently created by the author and possesses at least some minimal degree of creativity.
A work of authorship means that the work must be created by a human. It must be created, originated, by the author (the one applying for the copyright).
The work must be fixed in a tangible medium of expression, which means it is embodiment in a copy, by or under the authority of the author, and is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. It must be reduced to a tangible form and this reduction must be done by the author or authorized by the author.
What works can be copyrighted?
Literary works; musical works (including any accompanying words); dramatic works (including any accompanying music); pantomimes and choreographic works; pictorial, graphic, and sculptural work; motion pictures and other audiovisual works; sound recordings; and architectural works.
A copyright does not protect ideas or other non-expressive elements of a work.
Do I have to officially register to obtain a copyright?
No. Obtaining copyright protection has become automatic and more like a property right. Although a copyright owner has the right to exercise his/her exclusive rights without official registration, major benefits do accompany official registration.
What are the benefits of official registration of a copyright?
Official registration is prima facie evidence of the validity of the copyright and it allows the owner to receive certain remedies for copyright infringement. A copyright owner must register to file an infringement action.
When should I register?
A copyright owner has five years after the first publication to register.
How do I register?
The author of the work must fill out the appropriate application with the United States Copyright Office, pay a modest fee ($30), and deposit a copy of the work.
For more information on registration and fees visit www.loc.gov/copyright/.
How long is a copyright term (how long does it last)?
Generally, copyright protection last during the owner’s lifetime plus 70 years (date of creation plus 70 years after the owner’s death). If there is joint ownership/authorship, the 70 years starts at the death of the last surviving author.
When the work is one created as a work for hire (where an employer is the author), the term is 95 years from the date of its first publication or 120 years from the creation date which ever expires first.
What constitutes a copyright infringement?
A copyright infringement is the unauthorized use of copyrighted material in a way that violates any of the owner’s exclusive rights, unless the alleged activity falls within one of the statutory exceptions.
To prove infringement, the copyright owner must show ownership of the allegedly infringed work and that the alleged infringer violated one of the owner’s exclusive rights.
Topics: Copyrights |
Comments are closed.