Definition: Exclusive legal rights that protect works of authorship,
composition or artistry. A copyright protects the publication,
production or sale of the rights to a literary, dramatic, musical
or artistic work or computer program or to the use of a commercial
print or label.
A copyright is a form of protection provided by U.S. law to
anyone who creates "original works of authorship." Essentially, a
copyright protects literary, musical, dramatic, artistic and other
qualifying creative works. The Copyright Act of 1976 further
clarified copyright protection: A copyright owner now has the
exclusive right to reproduce the work; prepare spin-off works based
on the copyrighted work; and to sell, perform and/or display the
copyrighted work in public.
One of the nice things about copyrights is that securing such
protection is fairly straightforward. Copyright protection is
created the moment your work is fixed in a "tangible form of
expression" (paper copy, CD, disk, videotaped performance, and the
like) for the first time. In other words, once your story is put in
writing, your song is transcribed as sheet music or recorded, or
your creative work is given some fixed form, your copyright is
automatically secured. From that moment on (assuming creation
occurred after January 1, 1978), your work has copyright protection
for your lifetime, plus 50 years after your death.
It's sometimes confusing as to exactly who is the owner of a
work's copyright protection. When just one author is involved, he
or she can rightfully claim copyright. If the work was a
collaborative effort between several authors, each author becomes a
co-owner of the copyright. Co-ownership means each author has the
rights to the work--all owners would have to agree to sell their
rights for someone to have exclusive ownership of the work. For
this reason, it's a good idea to have an agreement drawn up
beforehand as to who will own the copyright. The term of copyright
in a co-authorship situation is 50 years after the last surviving
author's death.
If the work was commissioned or created as part of the creator's
job, the employer is considered to be the author. After all, the
author was paid for the work with wages. In this case, the term of
copyright is calculated differently. If copies of the work are
distributed to the public for sale, that first date of sale is
called the publication date. The term of copyright protection is
calculated as 75 years from the publication date or 100 years from
the creation date; whichever is shorter. (For a larger list of
copyright terms, visit this list provided by
Cornell University.)
Works on which you're able to obtain a copyright fall into eight
categories: literary works; musical works; dramatic works;
pictorial, graphic and sculptural works; sound recordings;
pantomimes and choreographic works; audiovisual works; and
architectural works. These categories are interpreted very broadly.
For example, software may be registered as a literary work; maps as
pictorial, graphic and sculptural works; and a children's slide as
an architectural work.
On the flip side, several categories of material are not
eligible for federal copyright protection. Works that have not been
fixed as a copy aren't eligible. Titles, names, short phrases and
slogans aren't eligible for copyright either because they're
covered under trademark protection. Mere listings, such as
ingredients or phone numbers, are also ineligible. Works that are
nothing more than common property and contain no original
authorship--such as standard calendars or rulers--can't be
protected by copyright. And works by the U.S. government aren't
eligible for copyright protection because they were paid for by
taxpayers and thus are free for anyone's use.
When you see the letter "C" enclosed in a circle, you're being
informed the work is declaring copyright privileges. This symbol
used to be required under U.S. law but isn't required today. Works
created before March 1, 1989, when the requirement was lifted, must
continue to display the notice in the proper format--for example:
©1999 John Doe. Regardless, it's generally considered a good idea
to display the notice because it informs the public that the work
is protected by copyright. If the work is infringed on and the
copyright mark appears on the work, no weight will be given to a
defendant's argument that infringement was an innocent mistake.
Registering your copyright with the U.S. Copyright
Office isn't a requirement for copyright protection. However,
copyright laws provide several advantages to those copyright owners
who take the time to register. A formal registration establishes a
public record of your copyright claim. Should someone infringe on
your copyright, in order to file an infringement lawsuit, your work
must first be registered. With a registered copyright, you're
entitled to claim not only actual damages, but statutory damages
and attorneys' fees as well. And registration will allow you to
record your ownership with the U.S. Customs Service for protection
against the importation of infringing copies. Registration of works
may be done at any time within the life of the copyright.