This is not a substitute for legal advice. An attorney must be consulted. "This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 1994 - 2024 by LAWCHEK, LTD." |
What is a copyright? |
Copyright is a form of
intellectual property protection over "original works of
authorship." Works of authorship include
literary, musical, dramatic, choreographic, pictorial,
graphic, sculptural, audio, visual and architectural works. A
copyright owner has the exclusive rights: (a) to reproduce
the work; (b) to prepare derivative works; (c) to distribute
copies of the work to the public; (d) to perform the work
publicly; and (e) to display the work publicly. 17
U.S.C. §106.
Protects
expression only. Copyright only protects
expression, not the underlying idea. Thus,
under the copyright law, an idea is free to copy, but the
expression of the idea is protected.
Automatic protection. In
the U.S. today, copyright protection is automatic for both
published and unpublished works. Any work that
is recorded, written or otherwise "fixed in tangible medium
of expression" after January 1, 1978 is automatically
protected from the moment of its creation. In
contrast, patent protection does not arise until a patent is
granted by the Patent and Trademark Office. Registration
of a copyright provides certain benefits, but is not
required for copyright protection to exist.
Limitations. The
exclusive rights provided by copyright have some
limitations. One major limitation is that
"fair uses" can be made of copyrighted works without the
copyright owner’s permission. 17 U.S.C. §107. Another
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. Term. A copyrighted work is ordinarily given a term enduring for the author's life, plus an additional 50 years after the author's death. In the case of a work made for hire, the duration of copyright will be 75 years from publication or 100 years from creation, whichever is shorter.
Notice. For
works first published on and after March 1, 1989, use of the
copyright notice is optional, though highly recommended. Before
March 1, 1989, the use of the notice was mandatory on all
published works. Copyright notice informs the
public that the work is protected by copyright. The
notice of copyright contains the symbol © (or the word
"Copyright" or "Copr"), the year of first publication of the
work, and the name of the owner of copyright in the work. For
example, © 1996 LAWCHEK, LTD. Governing law. The purpose of the copyright laws is "to promote the progress of science and useful arts, by securing for limited times to ... inventor the exclusive right to their respective writings and discoveries." Art. I, section 8 of the U.S. Constitution. Accordingly, Congress enacted the Copyright Statute at 17 U.S.C. § 101 et seq. Federal courts have exclusive jurisdiction over copyright matters. 28 U.S.C. § 1338. |
Copyright © 1994 - 2024 by LAWCHEK, LTD.
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