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What
is
Copyright?
A
copyright
is a
protection
granted
to
authors
of
certain
types
of
original
works.
Eight
categories
of
works
are
addressed
in
the
copyright
law:
- literary works
- musical works
- dramatic works
- choreographic and pantomime works
- pictorial, graphical or sculptural works
- motion pictures or audiovisual works
- sound recordings
- architectural works
Copyright
attaches
when
a
concept
is
"fixed
in
any
tangible
medium
of
expression."
17
U.S.C.
102.
It
is
important
to
understand
that
a
copyright
does
not
protect
an
idea.
It
merely
protects
the
actual
expression
of
that
idea
(e.g.,
journal
article,
song,
painting).
Not
all
expressions
are
protected.
Items
such
as
titles,
names,
common
phrases
or
symbols
are
not
copyrightable
subject
matter,
nor
are
works
of
common
property
(standard
calendars,
rulers)
or
works
consisting
of
only
public
information
(compilation
of
population
statistics).
The
key
is
that
to
be
copyrightable,
the
works
must
contain
original
authorship.
The
United
States
copyright
statutes
may
be
found
in
its
entirety
at
Title
17
of
the
United
States
Code.
What
Rights
Does
a
Copyright
Owner
Have?
A
copyright
owner
is
given
a
bundle
of
rights
under
the
copyright
laws.
The
owner
or
copyright
holder,
has
the
exclusive
right
to:
- reproduce the work
- make derivative works from the original work
- distribute the work or reproductions of the work by sale, lease or other modes of transfer
- publicly perform or display the work; and
- for sound recordings, perform the work by digital audio transmissions (e.g., radio broadcasts)
In
some
circumstances,
an
author
may
also
claim
moral
rights.
Must
an
Owner
Affix
the
©
Symbol
on a
Work
in
Order
to
Receive
Copyright
Protection?
The
short
answer
is,
No.
For
works
created
on
or
after
March
1,
1989,
the
©
symbol
is
not
necessary
to
receive
copyright
protection.
Marking
a
work
with
the
©
symbol,
however,
serves
as a
notice
to
others
that
the
work
is
copyrighted.
This
may
prevent
innocent
infringement.
A
proper
copyright
notice
contains
3
elements:
1. The symbol ©, or the word "Copyright," or the abbreviation "Copr."
2. The year of first publication of the work; and
3. The name of the author.
Example: © 2000 Jane Smart.
The
notice
should
be
placed
on
the
work
in a
position
where
it
will
"give
reasonable
notice
of
the
claim
of
copyright."
For
more
details
on
the
format
and
placement
of
the
copyright
notice,
see
the
Copyright
Office’s
Circular
on
Copyright
Notice.
Must
a
Work
be
Registered
with
the
Copyright
Office?
Again,
the
answer
is
No.
Registering
a
work
with
the
Copyright
Office
is
not
necessary
to
secure
copyright
protection.
However,
registration
is
necessary
to
bring
an
infringement
lawsuit
against
another
American
work.
It
may
also
entitle
the
owner
to
certain
statutory
damages
should
the
owner
win
the
infringement
suit,
along
with
providing
other
advantages.
Only
the
Copyright
Office
may
process
copyright
applications
and
issue
registration
certificates.
The
Copyright
Office
provides
detailed
information
and
applications
on
the
registration
procedure.
For
other
copyright-related
questions,
see
the
Copyright
Office’s
Frequently
Asked
Questions.
Who
is
the
Copyright
Owner?
The
author
of
the
work
is
presumed
the
copyright
holder
of
the
work
unless
the
work
is
the
result
of a
work-for-hire
situation,
or
if
the
copyright
has
been
transferred
to
another
entity
or
by
other
agreement.
The
copyright
law
defines
a
"work
made
for
hire"
as:
(1)
a
work
prepared
by
an
employee
within
the
scope
of
his
or
her
employment;
or
(2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire....
Example
1:
Susan is a software engineer at MegaComp, Inc. She develops a computer program that is within the scope of her employment. Susan is the author of the software, but because of the employer-employee relationship, MegaComp, Inc. is the copyright holder.
Example
2:
Susan is an artist. Mr. Loaded asks her to design a work to adorn his personal library. He leaves the medium and theme up to Susan. In this case, "work for hire" does not apply and Susan is both the author and the copyright holder. However, Mr. Loaded could obtain the copyright if he received an assignment of copyright from Susan.
Joint
Authorship/Ownership.
Joint
authorship
and
ownership
of a
copyrighted
work
is
possible
provided
at
the
time
of
the
creation
of
the
work,
all
authors
agree
that
(1)
their
contributions
will
become
one
larger
work,
and
(2)
that
they
intend
to
be
joint
owners
of
the
resulting
work.
17
USC
101.
Caltech's
Copyright
Policy
Caltech
has
a
copyright
policy
that
governs
the
ownership
and
disposition
of
copyrightable
materials
created
by
its
faculty,
graduate
students
and
staff.
The
Institute
Patent
and
Copyright
Agreement
further
sets
out
procedures
for
the
management
of
copyrightable
works,
and
is
found
in
the
Faculty
Handbook
and
the
Post
Doctoral
Scholars
Handbook.
For
How
Long
is
the
Work
Protected?
For
works
created
on
or
after
January
1,
1978,
the
work
is
protected
from
the
time
it
is
"fixed
in
tangible
medium
of
expression"
until
70
years
after
the
death
of
the
author.
In
the
case
of
multiple
authors,
the
life
of
the
last
surviving
author
is
used
as
the
term.
For
works
created
prior
to
1978,
factors
such
as
publication
with
a
proper
copyright
notice,
registration,
and
renewal
terms
will
determine
the
length
of
protection.
A
chart
of
copyright
terms
is
available
to
assist
in
determining
the
duration
of
copyright
in a
particular
situation.
Once
the
terms
expire,
the
work
is
said
to
pass
into
the
public
domain.
This
means
that
anyone
may
use
the
work
without
permission
from
the
copyright
holder.
For
additional
information
on
copyright
basics,
see
the
excellent
material
set
forth
in
the
University
of
Texas
System’s
Copyright
Crash
Course
and
Copyright
Tutorial.
Copyright
Infringement:
What
is
it &
What
Are
the
Penalties?
Copyright
infringement
is
the
use
of
copyrighted
material
without
permission
from
the
copyright
holder.
Some
unauthorized
uses,
however,
have
been
given
statutory
exemptions
meaning
that
under
specific
circumstances,
use
of
copyrighted
materials
without
permission
is
not
considered
infringement.
Some
examples
of
statutory
exemptions:
The
penalties
for
copyright
infringement
can
be
quite
severe.
The
copyright
law
imposes
statutory
penalties
of
up
to
$100,000
on
willful
infringements
of
each
piece
of
copyrighted
work.
In
addition
to
any
damages,
a
court
may
also
award
attorney’s
fees
to
the
successful
litigant.
Copyright
infringement
in
the
digital
realm
carries
the
same
penalties.
How
Can
One
Use
a
Someone
Else's
Copyrighted
Work?
In
order
to
use
an
excerpt
from,
or
distribute
copies
of a
copyright
work,
first
determine
if
the
intended
use
clearly
falls
under
one
of
the
statutory
exemptions.
If
not,
permission
must
be
obtained
from
the
copyright
owner.
This
usually
involves
writing
the
owner
and
describing
with
sufficient
detail
how
the
materials
will
be
used.
A
fee
may
be
required
for
the
use.
In
the
case
of
printed
(books,
journals)
and
musical
works,
a
clearinghouse
or
publisher
will
likely
be
responsible
for
granting
permission.
Several
sources
are
available
to
assist
in
this
process.
The
Copyright
Office
also
has
information
on
investigating
the
status
of a
copyrighted
work.
If
the
intended
use
does
not
fit
under
a
statutory
exemption
(including
fair
use)
and
the
copyright
owner
says
no,
the
work
cannot
be
used.
Additional
Resources
The
Copyright
Statute
in
its
entirety.
University
of
Texas
System
Crash
Course
in
Copyright
–
Contains
a
vast
array
of
information
along
with
a
tutorial
on
copyright
basics.
The
Copyright
Office
–
Addresses
copyright
basics
and
procedures,
legislation
affecting
copyrights.
Stanford
University
Library
Copyright
&
Fair
Use
–
Discusses
recent
copyright
issues.
Contains
text
and
discussion
of
copyright
court
decisions.
Addresses
issues
of
concern
to
libraries.
Findlaw
Internet
Legal
Resources
Index
–
Statutes,
cases,
publications,
general
legal
information
for
lawyers,
students
and
the
public.
Also
includes
discussion
on
the
ownership
of
copyright.
Searchable
database.
FAQ
on
Copyrights
–
From
Nolo
Press.
Copyright,
Intellectual
Property
Rights
and
Licensing
Issues
–
From
the
University
of
California,
Berkeley.
Provides
links
to
current
and
basic
copyright
and
intellectual
property
issues. |
