U. S. Copyright Basics

What is copyright? A form of legal protection to authors of original works of authorship. Includes: literary, dramatic, musical, artistic, photographic, other. Exclusive rights to do and to authorize others to do: Make copies or recordings. Prepare derivative works. Distribute copies to public by sale or other transfer of ownership or by rental or leasing or lending. May also have rights of attribution and integrity if visual art. Some limitations on these rights (such as “fair use”). Does not extend to ideas, facts, systems, methods of operation, or when patent or trademark law is applicable. Logos might or not.

When? Who? Copyright protection begins when the work is created in fixed form. Immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. Works made for hire: Employer owns, if created in scope of employment. Commissioner owns for special ordered work, if written agreement. Co-owned if a joint work, unless otherwise agreed. For articles in a periodical, author owns his contribution only.

More on ownership of copyright Owning a book etc does not mean also owning the copyright ! Owner of copyright can sell the copyright. Owner of copyright can license use of the copyright, with restrictions such as one-time or other limited use. Transfers of rights should usually be in writing. A copyright is a personal property right, and may be bequeathed.

How to secure the U.S. copyright Copyright is automatically secured when the work is “created” in USA. Since 1976, do not need to publish first. But publishing can affect the copyright owner’s rights, usually positively. Since 1989, notice of copyright is not required, but it is a good idea. Example: Copyright 2007 John Doe (There are some rules). Registration is not required, but it can be very important for enforcing rights and determining damage awards.

Copyright registration Not now required, but doing so gives advantages and inducements: Establishes public record. Registration is necessary before filing an infringement suit. If registered within 5 years, prima facie evidence for validity and facts. If registered within 3 months, or before infringement begins, get statutory damages and attorney fees, not just actual damages. U.S. Customs can stop imports of items that infringe. Can register anytime during the life of the copyright. Register by mail to Washington, or later this year electronically in some cases. Usual fee is $45 for registration of a basic claim.

How long does U.S. copyright last? For works created 1978 or later: Author’s life plus 70 years. For co-authors, 70 years after death of last surviving author. For works for hire, lesser of 120 years or 95 years from publishing. For anonymous, same as for hire, unless it was registered. Do not need to periodically renew. For works created before 1978, it gets complicated, but may now be as above in many cases.

More on copyrights International copyright? No such thing, but treaties do help. Many details and some special cases not covered in this presentation. See: www.copyright.gov, and their publications including Circular #1. See: Copyright Navigator at www.navigator.carolon.net. See: www.photoattorney.com See: An attorney specializing in intellectual property protection.

From Copyright Office FAQs Question: How do I protect my sighting of Elvis?

Answer to: How do I protect my sighting of Elvis? Copyright law does not protect sightings. However, copyright law will protect your photo (or other depiction) of your sighting of Elvis. Just send it to us with a Form VA application and the filing fee. No one can lawfully use your photo of your sighting, although someone else may file his own photo of his sighting. Copyright law protects the original photograph, not the subject of the photograph.