TABLE OF CONTENTS

About Copyrights?

  • What is a copyright?
  • What cannot be copyrighted?
  • How do I file for a copyright?
  • What is in the bundle of rights?
  • Why is the "author" not always who actually did the work?
  • Who owns the copyright of an artist who is paid?
  • Why do I need to use a copyright notice?
  • What good is registration?
  • How should a work be marked with a notice?
  • How long does a copyright last?
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    What is a copyright?

    A copyright protects the creators of original literary and artistic works, such as books, brochures, paintings, designs, and computer software. Unlike a utility patent which protects concepts, a copyright will only protect the expression of an idea. Also, each and every expression of an idea is protected independently by a separate bundle of rights, which are collectively referred to as a copyright.

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    What cannot be copyrighted?

    The general rule is that anything that contains an expression of an idea can be copyrighted. there are a number of things which cannot be copyrighted because they have been deemed to lack the expression of an idea. Examples are: titles to books, movies, music, ideas methods, procedures and things which are common knowledge. in addition there are those things which cannot be fixed in a tangible form.

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    How do I file for a copyright?

    By law anything, which qualifies as copyrightable subject matter, is automatically at the moment that you finish the last stoke of the brush or type the last word of a novel. The law instantly protects your work with a copyright or actually a bundle of rights which together are known as a copyright. The work may be then registered with the Library of Congress for many additional rights by filing an application with a twenty dollar fee and one or two copies of your work.

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    What is in this bundle of rights?

    Every expression of an idea is protected by the following five rights:
  • the right to reproduce the work
  • the right to make derivative works based upon the copyrighted work;
  • the right to distribute copies of the copyrighted work to the public by
    sale or other transfer of ownership, rental, lease, or, lending;
  • depending on the type of work to perform the work publicly; and,
  • depending on the type of work to display the work.

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    Why is the "author" not always the one who actually did the work?

    The general rule is that all copyrights are initally owned bt the "author" who originally created the work. When applying for registration of a copyright the government refers to the owner as the author. Many times before the application for registration can be filed, the ownership has changed.

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    Who owns the copyright of an artist who is paid?

    The general rule is that all copyrights are initially owned by the individual author who created the work. A copyright can be acquired by a corporation, employer, or other third party in one of three ways:

    the work is:

    1. a contribution to a collective work;

    2. a part of a motion picture or other audiovisual work;

    3. a translation;

    4. a supplementary work;

    5. a compilation;

    6. an instructional text;

    7. a test;

    8. answer material for a test; or

    9. an atlas;

    and the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire; or by written assignment.

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    Why do I need to use a copyright notice?

    Even though you receive the bundle of rights for free automatically, marking your work with a notice. It is most important in the event of litigation. A defendant is prevented from claiming that he was an "innocent infringer" if an infringed work was published with a proper notice, after March 1, 1989. The notice serves as formal notice that it was a copyrighted work, registered or not. Prior to March 1, 1989 the copyright notice was required in order enforce your rights. If a notice did not appear on the work, the owner could not collect any damages, even if he proved infringement.

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    What good is registration?

    Although registration is not a precondition for copyright protection it is essential for effective protection of the copyright:

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    How should a work be marked with a notice?

    A copyright notice should be placed at a reasonably conspicuous location on all publicly distributed copies of a work. The form of the notice to be placed on the copies should consist of the following three elements:

    1. The symbol © (the letter c in a circle), the word Copyright, or the abbreviation Corp.;
    2. The year of first publication; and
    3. The name of the owner of the copyright. When an employee creates the work, the employer will be the owner of the copyright, absent an express written agreement to the contrary.

    On March 13, 1989, the United States amended its copyright laws to bring them in line with the Berne Convention, the major international copyright treaty. Current U.S. copyright law does not require the use of copyright notice for works published after March 13, 1989 in order maintain the validity of copyrights. However, it is still advisable to use a copyright notice, and no decision to not use a copyright notice should be made without first consulting an attorney.

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    How long does a copyright last?

    Under U.S. copyright law, the U.S. copyright in works created and owned by individuals have a term for the life of the author plus 50 years. Copyright in works made for hire (e.g., by employees) have a term of 75 years from the year of first publication or 100 years from the year of its creation, whichever expires first

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