Copyright Information
What is a copyright?
Copyright is protection given by a government for original works of
authors and artists on their works that exist in a tangible medium.
This includes books, magazines, films, records, CD's, and many other
types of artistic expression. The protection is for copying or making
derivative works. To violate a copyright, one must first have access
to a protected work and then copy it (or parts of it). A person who
develops a similar work without seeing the copyrighted work does not
violate the copyright.
On new works in the US, copyright exists in the work without
registering the work and without putting a copyright mark on it.
However, there are many advantages to registering and marking.
How can a work be registered?
The United States Copyright Office will register a work when copies of
the work are sent in with the appropriate form and fee.
In order to pursue a copier in federal court, the work must be
registered. In addition, there are some criminal penalties for
copiers of registered marks.
How should I mark my work and why?
A work should be marked with the word "Copyright" or a circle C symbol
followed by the name of the entity owning the copyright and the date.
While under the current copyright law, marking is not required, it is
always a good idea in that it warns potential copiers that the work is
protected. A copier cannot say they didn't know the work was
protected when it is marked.
How long does copyright protection
last?
That depends on the type of work and when it is or was copyrighted.
For written material under the current law, the protection is for the
life of the author plus another 70 years.
What is "Fair Use"?
Fair use is an exception to copyright protection that allows some
minor copying for a reasonable purpose (such as education). For
example, if you copy 1 or 2 pages of an article from a magazine for
your own educational use, this is almost certainly fair use. On the
other hand, if you copy an entire book to avoid having to buy it, this
is NOT fair use.
What is a work of visual art?
A work of visual art can be a sculpture, a painting, a photo, or other
work designed to be looked at. This type of work can be registered;
however, the Copyright Office will not register anything that is
functional. This particular area of copyright law is difficult and
you should get legal advice if you want to register something that has
both visual and functional aspects.
Do I need an attorney to register a
work?
You only need to fill out the proper form and send in copies of the
work with the proper fee. However, because copyright may not be the
only type of protection you can get or will need, and because there
may be issues you are not aware of, it is always a good idea to seek
competent legal advice.
Can I just mark the work but not
register it?
Of course you can do that; however, if someone does copy the work, you
will probably only be able to get damages for copying that occurs
after registration. Registration, for the most part, is cheap and
easy protection; any serious work should be registered.
How do I copyright a
computer program?
Computer programs can be registered just as any other work; however,
there are a few differences. With a program, you can register the
source code and the object code separately. This is generally a good
idea since some copiers only want the object code, while others may
copy source code if it is available. You can register the source code
in the US with proprietary parts removed if it contains trade secrets.
It is also a good idea to bury a copyright mark in the object code
file.
Can I register a work
internationally?
Yes, most countries have copyright laws. You should register a work
in any country where it will be sold. If it is a translation, the
translation should be registered as well as the original.