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1. What is a copyright?
Copyright is a legal device providing the right to control how a subject work (e.g., literary work, musical work, dramatic work, or the like) is used.
2. What qualifies for copyright protection?
Copyright extends to any original work of authorship that is fixed in a tangible medium of expression. Accordingly, the two threshold requirements are originality and fixation. Copyrightable material includes literary works, musical works, dramatic works, pantomimes, choreography, graphic works, sculptural works, motion pictures, sound recordings, and architectural works.
Copyright protection may cover published or unpublished works. Copyright does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, although it may protect the way in which these things are expressed. Government works, typefaces, and works that are not sufficiently original or fixed in a tangible medium are not eligible for copyright protection.
3. How is a copyright different from a patent or a trademark?
Patents protect inventions or discoveries. Although ideas, inventions, and discoveries are not protected by copyright, the way in which they are expressed may be. Trademarks protect words, phrases, symbols, or designs that associated with businesses and identify the source of goods or services of one party and distinguish them from the goods or services of other parties.
4. What rights does a copyright owner enjoy?
The holder of a copyright enjoys several exclusive rights including the rights to reproduce the work, prepare derivative works, distribute copies of the work, display the work, and perform the work publicly.
5. Who qualifies as a copyright owner?
Only the author(s) or those deriving their rights through the author(s) can rightfully claim a copyright. In general, there are three types of copyright owners, namely, individual owners, joint owners, and owners of works made for hire.
6. Can I transfer copyright ownership?
Yes. A copyright is a personal property right. Accordingly transfer of copyright ownership is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property. There are also certain requirements articulated in Federal law. For information about relevant state and Federal laws, consult an attorney.
7. How can I transfer my copyright?
Copyright transfers of are normally made by contract. The law does provide for the recording transfers of copyright in the U.S. Copyright Office. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties.
8. How long does a copyright last?
The duration of copyright protection depends upon the date the work was created, lifetime of the author, whether it has been published, and if so, date of initial publication. As a general rule, works created after January 1, 1978, are protected through the life of the author plus an additional seventy years. For additional information, consult an attorney, or visit the U.S. Copyright Office (http://www.copyright.gov/).
9. Do I have to renew my copyright?
Renewal registration is not required for works created on or after Jan. 1, 1978. For works published or registered prior to Jan. 1, 1978, renewal registration is optional after 28 years, and does provide certain legal advantages. For additional information, consult an attorney.
10. What is copyright notice?
Copyright notice is the “©” followed by a publication date and name. Its purpose is to inform the public that the work has copyright protection. Although it is often beneficial, the use of a copyright notice is no longer required under U. S. law.
11. Do I need to deposit any copies of my work with the Library of Congress?
Yes. The mandatory deposit (17 U.S.C. section 104) regulation requires the owner of copyright or of the exclusive right of distribution to deposit in the U.S. Copyright Office for the use of the Library of Congress two complete copies of the best edition of a work within three months after it is published. Copies of all works under copyright protection that have been published or distributed in the United States must be deposited with the Copyright Office within three months of the date of first publication. Electing not to register your copyright with the Copyright Office does not exempt you from the mandatory deposit provision of the law.
Deposit of unpublished and unregistered works is not required. In certain situations, the Copyright Office is authorized to offer "special relief" from the deposit requirements. Failure to deposit does not result in the loss of copyright protection, but may result in a written demand followed by monetary fines.
12. Do I need to register my work with the copyright office to be protected?
No. Registration is voluntary. Copyright exists from the moment the original work of authorship is fixed in a tangible medium of expression. However, you will need to register if you wish to bring a lawsuit for infringement of a U.S. Copyright.
Registration is ,however, recommended for a number of reasons. By registering the work the author of the work ensures that the facts of a copyright are documented on public record and that the owner of the copyright has a certificate of registration. If you choose not to register before copyright infringement occurs, statutory damages and attorney fees are not available. Works that have been registered before litigation occurs may be eligible for statutory damages and attorney's fees in successful litigation If copyright registration occurs within five years of publication of the work, it is considered prima facie evidence in a court of law.
13. Is my copyright good in other countries?
The United States has reciprocal copyright relations with most countries throughout the world. Accordingly, U.S. copyrights may be enforced to many countries. The United States does not, however, have copyright relationships with every country.
14. What are moral rights?
Moral rights are limited to the “visual arts” and include the right to claim authorship of one's work, the right to prevent the use of one's name on another’s work, the right to prevent the use of one's name on their work if the work had been distorted or mutilated, and to prevent the distortion, mutilation or destruction of one's work. These rights may be retained by the author even after the transfer of copyright ownership to another party. An author may waive moral rights.
15. What is the fair use doctrine?
The fair use doctrine is an exception to an author's copyright protection. In order to promote the free flowing of ideas, an author is allowed to copy from protected works for certain purposes. These purposes may include criticism, comment, news reporting, teaching, scholarship and research.
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. As a result, fair uses are difficult to predict because the doctrine involves a fact-driven subjective test that is interpreted in different ways by different people. It is advisable to contact an intellectual property attorney if a fair use question arises.
16. What are the limits on my rights as a copyright owner?
Along with the fair use doctrine there are several limitations on copyrights. The following activities are some limitations: home recording, corporate photocopying, library photocopying, classroom use, noncommercial broadcasting, certain rental activities, secondary transmissions, and architectural works.
17. What constitutes copyright infringement?
Copyright infringement occurs when someone other than the copyright owner exploits one of the copyright owner's exclusive rights. The main remedies available include injunctions (e.g., court orders stopping further infringement) and monetary compensation. These corrective measures are most readily available through the litigation process. If you believe your copyright is being infringed, you should register your copyright if you have not already done so. If you have further questions regarding copyright infringement matter, or would like a consultation, contact the law office of Pate Pierce & Baird.
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