What You Need to Know About:

COPYRIGHT LAW

What is a copyright?  Copyright is a form of protection grounded in the United States Constitution and granted by law for original works or authorship fixed in a tangible medium of expression.

What kinds of works are protected? Copyright protects original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works, such as poetry, novels, movies, songs, computer software, and architecture. The content of a website can also be registered as a work in one or more of the above categories. Both published and unpublished works are protected. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

What rights to do I have in my copyrighted work? Copyright gives the owner exclusive rights, including the right to reproduce, prepare derivative works, distribute copies of, perform, or display publicly the copyrighted work. A violation of these rights can give rise to both a civil cause of action and criminal liability.

When is my work protected? A work is under copyright protection the moment it is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device.

What does “fixed in a tangible medium of expression” mean? A work is fixed in a tangible medium of expression when its embodiment is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period or more than a transitory duration.

When can I place a copyright notice on my work? An appropriate copyright notice may be placed on the work immediately after creation. Use of the notice is the responsibility of the copyright owner and does not require advanced permission from, or registration with the United States Copyright Office.

What should the notice include? The notice should include: The © symbol or the word “copyright” or abbreviation “copr.,” the year of first publication, and the name of the copyright owner. For example, “© 2000 John Doe.” The United States does not require the inclusion of “All Rights Reserved,” but this phrase does have international significance. Please note that the appropriate form of notice may be different for sound recordings or unpublished works.

Do I have to register with a federal agency to be protected? No, registration is generally voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a United States work.

Why should I register if copyright protection is automatic? Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

How do I register my copyright? To register a work, the following should be submitted to the United States Copyright Office: a completed application form, a nonrefundable fee of$45, and a non-returnable copy or copies of the work to be registered.

How long does a copyright last? The term of a copyright depends on several factors, including whether the work has been published and, if so, the date of first publication. The general rule protects works created after January 1, 1978 for the life of the author plus an additional 70 years. If the work was first published before 1978, the term of protection will vary depending on several factors. For an anonymous or pseudonymous work, the copyright endures for 95 years from the year of its first publication or a 120 years from the year of its creation, whichever expires first.

What are the benefits of attaching a copyright notice to my work? The use of a copyright notice is not required in order to secure protection on works which were first published on or before March 1, 1989. However, it is advisable to attached such a notice to all copies of the work: 1) to inform the public that the work is protected to deter copying; 2) to identify the year of first publication and the copyright owner; and 3) to protect against an infringer asserting the defense of “innocent infringement,” which can result in a reduction in the damages available to the owner

What is “Fair Use?” The Fair Use Doctrine limits an owner’s right in his or her copyrighted work. There is no specific rule as to what constitutes fair use and it is determined on a case-by-case basis. Courts consider several factors in determining whether use is fair. Faire use of copyrighted material may include reproductions for purposes of criticism, comment, news reporting, teaching, scholarship, or research and may not be considered infringement of copyright. Again, it is up to the judge or jury to decide whether the use is fair.

Nothing on this site is in any way legal advice.  Consult your attorney for advice about your specific issue.