Copyright
Basics
Why
Should I Care About Copyright?
Which Works Are Protected
by Copyright?
Which Works Are Not
Protected by Copyright?
Who
Owns the Copyright in a Work?
What
is Copyright Infringement?
When
Do I Need Permission to Copy?
How Do I Obtain Copyright Protection?
When
And How Do I Register a Copyright ?
How
Long Does Copyright Protection Last?
-
make copies of your
work;
-
distribute copies of
your work;
-
perform your work publicly
(such as for plays, film, dances or music);
-
display your work publicly
(such as for artwork, or stills from audiovisual works, or any material used
on the Internet or television); and
-
make “derivative
works” (including making modifications, adaptations or other new uses
of a work, or translating the work to another media).
In
general, it is illegal for anyone to do any of the things listed above with
a work created by you without your permission,
but there are some exceptions and limitations to your rights as a copyright
holder. One major limitation is
the doctrine of “Fair Use,”
discussed below.
Copyright
law in the United States is embodied in federal laws enacted by Congress. The current copyright law, the Copyright Act
of 1976 (as amended), is codified in Title 17 of the U.S. Code.
Why
Should I Care About Copyright?
As the creator of your work, you should have the right to control what people can and cannot do with your work. In the United States - one of the world's biggest sources of creative works like movies, television shows, books, computer games, etc. -- this right to control your work has actually turned into big business, but that's what allows all the creative people around us to get paid for coming up with all the wonderful songs, shows, books, painting, movies and other great works that we enjoy. Just think of all the cool songs your favorite band wrote, the great books you loved reading, the plays, movies and television shows you love to watch again and again. These talented musicians, authors, illustrators and screenwriters deserve our respect and appreciation - and they deserve to make a living from the hard work they put into their creative works -- otherwise most of them wouldn't be able to produce as many (or any) of the songs, books, plays, movies and TV shows that you like. That's what copyright is all about. It reflects our appreciation for all the hard work that goes into creating "original works of authorship" and respect for the right of the creator of that work to control what people can and cannot do with it.
Which
Works Are Protected by Copyright?
Copyright protects "original works of authorship" that are Fixed in "a tangible form of expression." The fixed form does not have to be directly perceptible so long as it can be communicated with the aid of a machine or other device. Copyrightable works fall into the following categories:
-
literary works (which
includes computer software);
-
musical works, including
any accompanying words;
-
dramatic works, including
any accompanying music ;
-
pantomimes and choreographic
works;
-
pictorial, graphic,
and sculptural works;
-
motion pictures and
other audiovisual works;
-
sound
recordings; and
-
architectural works.
Which
Works Are Not Protected by Copyright?
Not everything is protected by copyright law. The following are categories of things not protected:
-
Ideas, procedures, methods,
systems, processes, concepts, principles, discoveries, or devices, (but written
or recorded descriptions, explanations, or illustrations of such things are
protected copyright);
-
-
Works that are not fixed
in a tangible form of expression, such as an improvised speech or performance
that is not written down or otherwise recorded;
-
-
Works by the US government.
Who
Owns the Copyright in a Work?
Works made
for hire
Two or more
authors
What
is Copyright Infringement?
Proving Infringement
Fair Use
The exclusive rights of the copyright owner are not unlimited. The copyright law establishes some limitations on these rights. One of the most important limitations on the exclusive rights is the doctrine of "Fair Use." The "Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes. The copyright law provides that reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following factors, which courts must consider together in determining whether a particular use of a copyrighted work is a permitted "Fair Use," or is instead an infringement of the copyright:
No case will be decided on just one of these factors. Courts are supposed to look at all of the factors and balance them together to see whether more factors weigh in favor of finding fair use. Courts may consider some factors more important than others in a particular case.
When
Do I Need Permission to Copy?
How
Do I Obtain Copyright Protection?
Copyright
Exists Automatically Upon Creation
Notice of
Copyright
Form of Notice
The
notice for visually perceptible copies (like books and posters) should contain
all of these items:
-
The symbol © (the letter
"C" in a circle), or the word "Copyright" or the abbreviation "Copr.";
-
The year of first publication
of the work; and
-
The name of the copyright
owner.
Example:
© 2001 John Doe
When
And How Do I Register a Copyright ?
-
-
-
Effective
Date Of Registration
How
Long Does Copyright Protection Last?
Copyrights
do not last forever, but they do last a pretty long time. Under the current
laws, copyright protection starts from the moment of creation of the work
and continues until 70 years after the death of the author or artist. That
means that if someone who is 15 in the year 2001 writes a story that year
and dies when he is 85 in the year 2086, the copyright will not expire until
70 years after 2086 -- in the year 2156, which is 130 years away. When the
term of a copyright expires (meaning it's finished), the work falls into what's
called the "public domain." When a work is in the public domain anyone can
copy it and use it without permission. This is why you can copy artists like
Leonardo da VInci and writers like Shakespeare and music writers like Mozart
all you want. In the case of a joint work prepared by two or more authors,
the term of copyright lasts for 70 years after the last surviving author's
death. For works made for hire, and for anonymous and pseudonymous works (unless
the author's identity is revealed in Copyright Office records), the duration
of copyright will be 95 years from publication or 120 years from creation
(whichever is shorter). Works created when prior copyright laws were in effect
had shorter terms. Under the law in effect before 1978, copyright was secured
either on the date a work was publicly distributed or on the date of registration
(if the work was not publicly distributed). In either case, the copyright
lasted for a first term of 28 years. During the last (28th) year of the first
term, the copyright was eligible for renewal for another 28 years by filing
with the Copyright Office. The terms of many earlier copyrights were extended
by later laws, and you cannot assume that any work is in the public domain
unless it was first published before 1923.