A copyright is legal protection given to an idea or work which is 'fixed in a tangible medium of expression'. The original work can be dramatic, musical, artistic or any other type of intellectual property. According to the 1976 Copyright Act, if you are the author of an original work you have the exclusive right to sell, lease, rent and perform your creative work. Copyrighted works can take many forms of expression including musicals, dramas, books or movies. The Copyright Office of the Library of Congress is responsible for enforcing the Copyright Act.
Copyrights are generally used to allow the creator of a work to retain credit for the work, control how it may be adapted by others and decide who will financially benefit from the copyrighted work. The general purpose of the copyright is to increase the development of new works by allowing the creator to retain control of them and financially gain from them.
Copyright infringement is the reproduction or use of someone else's work with out their consent. In some jurisdictions, copyright infringers may face criminal charges, in other areas copyrights are enforced through civil court actions. If you have suffered copyright infringement you may be able to win damages and profits by winning your copyright infringement case. Copyright infringement laws are part of intellectual property law like patents and trademarks.
Copyright infringement has become more prevalent as new technological developments have made it increasingly more difficult to enforce the current copyright laws. New copyright laws and procedures are currently under consideration to stop copyright violations in the new technological age.
Most copyrights are granted for a limited time and internationally have been established from 50 to 100 years from the author's death. Copyright protection time limitations vary depending on when the copyrighted work was created. If the work was created after January 1, 1978, it will be protected for 70 years after the creator's death. If a work is anonymous, copyright protection will last 95 years from the published date or 120 years after the creation date or which ever date comes first. Not all use of a product is a copyright violation. Certain copyrighted works may be used legally under the "Fair Use" laws by paying royalties to the owner of the copyrighted work.
If your copyrighted work has been used, copied, sold or altered with out your consent this could be a violation of copyright law. If you feel that you have been the victim of copyright infringement an intellectual property attorney can help you to determine if you are the victim of copyright infringement.
Any type of created work which is published or unpublished is considered copyrighted as soon as it is created. It is not necessary to register a copyright with the Copyright Office to secure a copyright. General categories of copyrighted works include:
All created material is not copyright protected. The following are generally not copyrighted:
Copyright protection does not apply to processes, operations, concepts or operation instructions. To be copyrighted the idea must be discrete and substantive. Ideas themselves are not copyrighted and any idea such as a story, videogame or movie that has financial value must be identified in a confidentiality agreement and protected as a trade secret.
A created work is copyrighted upon creation and does not have to be registered but it is possible to further protect your work by identifying it as copyrighted. If the copyright symbol is used it will be a notification to the public that a work is copyrighted. In a copyright infringement case, a defendant may have a stronger defense if the copyright symbol is not attached to the work.
The copyright symbol should have the publication date, the name of the creator of the work and the word copyrighted or the copyright symbol attached.
There are several advantages to copyright registration:
To register a copyright you can:
Registering certain types of work can be more difficult and an intellectual property law attorney should be consulted to ensure the copyright is registered correctly.