Protecting Your Work with Copyrights
Copyright is a form of legal protection for the creators of original works. It covers literature, plays and other written works; music; choreographed dances; paintings, illustrations, graphics and sculptural works; motion pictures; sound recordings; and architectural works. There are no forms to fill in and no fees to pay: Copyright is secured automatically when the work is created for the first time on paper or documented and recorded in some other way. A copyright gives a creator or first owner of any original work the legal right to control how his or her material may be used.
This article explains the principle of copyright, and how you can use it to protect your original material. It also suggests how best to respond if you think your copyright is being infringed.
Copyright helps creators gain economic rewards for their efforts and encourages future creativity. It gives creators of certain kinds of material the right to control how and when their material may be used. This right broadly covers copying and adapting the work; issuing, renting, and lending copies to the public; performing the work in public, or broadcasting the work. In many cases, the creator also will have the right to be identified with the work. A copyright ensures that a creator will decide how best to benefit from his or her effort, how to enforce the copyright, and how best to benefit from selling or agreeing to a transfer of copyright to someone else. Without this protection, it can be easy for others to exploit material without compensating those who created it.
In the case of a written, dramatic, musical, or other artistic work, the person who created the work is the first owner of the economic rights under copyright. This rule also applies to commissioned works. However, when a work is created during employment, the employer is the first owner of these rights, unless an agreement has been made between employee and employer indicating otherwise. For example, a magazine holds the copyright to an article, not the staff writer who prepared it.
Like physical property, copyrights can be bought, sold, inherited, or otherwise transferred to another person or entity, for example, as a gift. In turn, some or all of the economic rights may later belong to someone other than a first owner.
The first U.S. Copyright Act was based on English law and was adopted in 1790; subsequent revisions were passed by Congress in 1909 and 1976. The 1976 revision superseded all previous copyright law and took into account developments in technology. It also attempted to bring U.S. law in line with international copyright law. The 1976 act covered scope and subject matter of works covered, exclusive rights, term of copyright protection, copyright notice and registration, copyright infringement, what constitutes "fair use," and defenses and remedies to infringement. For the first time, the 1976 act also extended copyright to unpublished works. In addition, it created an exception that adjusted the exclusive rights of owners to make and distribute copies of their works: The act allowed library photocopying under certain circumstances for purposes of scholarship, preservation, and interlibrary loan.
The 1976 revision was partly undertaken in anticipation of the 1988 federal government decision to comply with the Berne Convention. An international accord signed by more than 20 countries, it extends copyright protections to authors in all member countries under each country's national laws. As a result, copyright notice for copyright protection is no longer required in the United States. International copyright is a special issue that must be explored carefully.
In 1998, the federal Copyright Term Extension Act extended copyright protection in the United States "for the life of the author plus 75 years."
Protection covers original literary, dramatic, and artistic works; original music; and published editions of works (specifically, the style and layout of a publication). Sound recordings on any medium—which can also include recordings of other copyrighted works, films, and videos—and broadcasts and cable programs are protected, too.
Under U.S. federal law, copyrighted material available on the Internet generally will be protected in the same way as material in other media. Even so, it is a good idea to mark each page you post on a web site with the international (c) mark, followed by the year of publication and the name of the copyright owner; for example: (c) 2007 Ann Smith. You could also include information on your Web site that warns others not to use your copyrighted material without permission. That said, since Web sites are accessible from all over the world, if material on your Web site is used without your permission, you probably would need to take action for copyright infringement in the location where the infringement occurs.
Registering a copyright is strictly voluntary, unlike registering a patent or a trademark. You don't really need to take any action at all for your copyright to be protected. There are no application forms to fill in or fees to pay. Copyright becomes effective immediately once something is created and recorded in some way, be it on paper, on film, as an audio or video recording, or posted on the Internet.
Even so, it is a good idea to mark your work with the copyright symbol (c), followed by the date and your name, to warn others against copying it. While this is not legally required in the United States and most other countries, taking this action may help you during infringement proceedings. Similarly, it's prudent to take steps to provide evidence that you created the work at a given time. For example, a copy of your work could be deposited with a bank or an attorney. Or, send yourself a copy by registered mail, then leave the envelope unopened when you receive it.
Although not required, registration of copyrighted material is possible and in some cases is recommended. If you wish to sue for infringement of a work, for example, you will need to register it. Registered works may be eligible for both statutory damages and attorney's fees in successful litigation. To register a work, you must submit an application along with a copy of your work and a nonrefundable filing fee to the U.S. Copyright Office.
One noted exception to copyright protection is the "fair use" concept; it allows some unlicensed copying and other use without infringing on a copyright. Some copyrighted works may be used (photocopied, for example) to a limited extent for research and private study, even if for commercial ends (except where work is a database). Making single copies of short excerpts of a work or a single article from a journal also may be considered fair use. Copying by someone other than a researcher or student is not allowed if copies will be given to more than one person at the same time for the same purpose, for example, for a training session.
The economic impact on the copyright owner is an important factor that the courts consider when deciding whether or not the fair use concept applies to a given situation.
As a copyright owner, it is for you to decide how—or whether—to license use of your work. An exclusive license could be granted, which enables the licensee to use the copyrighted work to the exclusion of all others; that may include you, the copyright owner. A license can be limited in duration, for example, or in any other way. It is a contractual agreement between the copyright owner and user, with terms they and they alone negotiate however they see fit.
Copyright is essentially a private right, so it is up to you how you decide to enforce it. It is sensible to first try resolving any suspected infringement of your copyright without resorting to official proceedings. If you are unable do this, you might have to go to court. Courts may grant a range of remedies, such as injunctions (to stop the other party from making use of the material), damages for infringement, or orders to stop producing infringing goods. In some cases, it may be necessary to demonstrate to the court that you have tried to solve the matter by mediation or arbitration if you wish the court to consider awarding you the best available remedy—and one that includes money to cover your costs. If you decide to pursue legal action, get professional advice! This is a particularly complicated area of law.
Deliberate copyright infringement can be considered a criminal offense. If it occurs on a large scale—such as pirated or counterfeit copies of compact discs— then you should alert either an attorney or the police. They can decide whether action, including prosecution, is justified. If the police decide not to take action, you still could consider private criminal prosecution if you believe there is a criminal offense, and you can still pursue civil action against the alleged infringer.
Copyright does not protect ideas. Although the work itself may be protected, the idea behind it cannot be. To protect an original idea, you will need to obtain a patent, which is a fairly complicated, time-consuming and possibly costly procedure. Names, titles, slogans, or phrases cannot be protected by copyright, either; however, they could qualify for trademark registration.
There is no such thing as an "international copyright" that automatically protects a creator's works throughout the world; however, copyrighted material is protected in most other countries. The U.S., Western European countries, and Russia all belong to at least one of the international conventions, including the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention (UCC). Copyrighted material created by U.S. citizens or residents is protected in member nations of the conventions by the respective laws of those nations. For a list of countries that maintain copyright relations with the United States, contact the U.S. Copyright Office.
It is essential to keep records showing the date and creator of any work produced in which copyright exists. Without records, a copyright can be difficult to protect, especially in this era of global electronic communications.
Marking with a copyright symbol (c), followed by year of publication and the copyright owner's name, is not required by U.S. law. However, it can deter infringement, and it may also be needed for protection overseas.
Stim, Richard.
United States Patent and Trademark Office: www.uspto.gov
Universal Copyright Convention: www.unesco.org/culture/laws/copyright/html_eng/page1.shtml
World Intellectual Property Organization: www.wipo.int/copyright/en