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| Copyright Overview |
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What is a Copyright?
Copyright is a form of protection provided by the laws of the United States (Title 17,U.S. Code) to the authors of "original works of authorship". A copyright establishes ownership of original works of authorship “fixed” in any tangible medium. Once an original work is created and fixed, copyright exists, whether published or not. The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: * To reproduce the copyrighted work in copies * To distribute copies of the copyrighted work to the public * To prepare derivative works based upon the copyrighted work * To perform or display the copyrighted work publicly What Can Be Copyrighted? * Literary works, including books, poems, magazine articles, newspaper articles, instruction manuals * Works of art, including paintings, photographs, posters, advertisements, sculpture * Dramatic works, including stage plays, choreographic works, screenplays * Audiovisual works, including motion pictures, television programs, commercials * Music, lyrics, sound recordings, motion pictures * Computer software, websites, computer graphics * Technical works, including drawings, plans, architectural works What Can't Be Copyrighted? * Math algorithms, formulae, type fonts * Titles of books and pamphlets * Recipes, simple forms and formats, basic listings of factual information * Clothing items (Note: fabric prints and sketches of clothing designs can be copyrighted) Who can claim a Copyright? The copyright in the work of authorship immediately becomes the property of the author who created it. Only the author or those deriving their rights through the author can rightfully claim copyright. The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. Works Made for Hire In the case of works made for hire, the creator may not be entitled to claim ownership of the copyright. If the work was completed by an employee, the employer, not the employee, is considered the owner of the copyright. Similarly, if the work is specially commissioned in accordance with a written agreement, the contracting party (not the creator) is considered the owner of the copyright. How Long Does a Copyright Last? A copyright typically runs for the life of the creator, plus 70 years. For works made for hire, the term is 95 years from publication, or 120 years from creation, whichever expires first. Copyright Protection in the United States A copyright will have protection under U.S. law. Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author. Published works are eligible for copyright protection in the United States if any one of the following conditions is met: * On the date of first publication, at least one author is a citizen or resident of the U.S. * At first publication, at least one author is a citizen or resident of a "treaty party" (most foreign nations are treaty parties) * The work is first published in the U.S. or in a foreign nation that is a treaty party International Copyright Protection Copyrights can be protected internationally, although there is no such thing as an “international copyright” that will automatically protect an author’s work throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. Canada, for example, offers essentially the same copyright protections as the United States.
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