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What is a Copyright?
©
A copyright is a form of protection
provided by the laws of the United States to the authors of "original
works of authorship" including literary, dramatic, musical, artistic,
and certain other intellectual works. This protection is available
to both published and unpublished works. The 1976 Copyright
Act generally gives the owner of the copyright the exclusive right
to do and to authorize other to do the following:
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To reproduce the copyrighted work
in copies or phono records
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To prepare derivative works based
upon the copyrighted work
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To distribute copies or phono records
of the copyrighted work to the public by sale or other transfer
of ownership,, or by rental, lease or lending
-
To perform the copyrighted work publicly,
in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic or sculptural works,
including the individual images of a motion picture or other audiovisual
work.
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In the case of sound recordings, to
perform the work publicly by means of a digital audio transmission
Ultimately, copyright registration protects
the owner/creator from other taking credit for and reaping profits
from their achievements.
What Works are Protected by a Copyright?
Copyright law protects "original works
of authorship" that are fixed in a tangible form of expression.
The fixation need not be directly perceptible so long as it may
be communicated with the aid of a machine or device. Copyrightable
works include the following categories:
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Literary
works
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Musical
works, including any accompanying words
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Dramatic
works, including any accompanying music
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Pantomimes
and choreographic works
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Pictorial,
graphic and sculptural works
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Motion
pictures and other audiovisual works
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Sound
recordings
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Architectural
works
These
categories should be viewed broadly. For example, computer programs
and most "compilations" may be registered as "literary works;" maps
and architectural plans may be registered as "pictorial, graphic
and sculptural works."
What
is Copyright Infringement?
A copyright
is infringed when another entity reproduces the work of the owner
of the copyrighted material without the owner's permission.
There is no set standard regarding how much of a work can be taken
without constituting copyright infringement. However, with
a registered copyright the owner of the registration has a substantial
advantage should a legal situation arise surrounding the copyrighted
material.
Why get a Copyright?
There
are many reasons why you should copyright. One is because you wish
to have the copyright in the public record. Also, your copyrighted
and registered material may be eligible for statutory damages and
attorney's fees during litigation. If you register a work
within the first five years of publication, that registration in
and of itself is enough evidence to prove your ownership of the
work. Copyrighted material may also lead to additional cash flow
for you in the form of royalties on your works. Once you have applied
for a copyright you may place the copyright symbol "©" in the material
you've copyrighted. This shows everyone that the material
is copyrighted and that it is protected under government law.
Maximize the protection of your work by copyrighting
and registering today!
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