Copyright
A copyright is a form of protection to the authors of original works including literary, dramatic, musical, artistic, and certain other intellectual works. Examples of copyrightable works include books, music, motion pictures, photographs, and architectural works. Copyright laws give the owner(s) of the copyright exclusive rights to reproduce and to authorize others to reproduce the copyrighted work, to prepare derivative works based on the original(s), to distribute copies of the work, and to perform or display the work into public forums.
Copyright protection begins immediately, as soon as the work is created in a fixed form. It is an incident of the process and becomes the property of the author as it is accomplished. Only the author or those proclaiming their rights through the author can rightfully claim copyright to the work. The employer (and not the employee) is almost always considered the author in the case of works made for hire or if the works were created within the scope of his or her employment.
In the U.S., registration with the U.S. Library of Congress does offer certain advantages. Registration of a copyright establishes the public record of the copyright claim(s), and in the event that the work is infringed, the court will not allow a defendant to claim “innocent infringement” (in other words, he or she was not aware that the work is protected). Innocent infringement claims often reduce the amount of damages that the copyright owner would otherwise receive. Another advantage to copyright registration is that it allows the copyright owner to record the registration with the U.S. Customs Service for protection against the importation of infringing copyright copies. Before an infringement suit may be filed in court, copyright registration is necessary, and if made before the actual publication, this registration establishes solid evidence as to the validity of the copyright.
Any work that is fixed in a tangible form is protected from the point of creation and normally endures for the author's life, plus an additional 50 years after the author's death. For works classified as “made for hire,” the protection lasts for a period of 75 years. As with patents and trademarks, the burden of policing copyrighted materials always falls upon the holder of the protected material.
Trademarks, patents, and copyrights often play an important role in a small business enterprise. The processes of obtaining them can be confusing, time consuming, and usually require legal advice. Knowing where to go for information, advice, and assistance makes the copyright process much simpler.
Definition: Copyright
cop·y·right (
)—n. Abbr. c. or cop.
The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
The right of an author (or his/her assignee) under statute to print and publish his/her literary or artistic work, exclusively of all other persons. This right may be had in maps, charts, engravings, plays, and musical compositions, as well as in books. Note: In the United States, a copyright runs for the term of 28 years, with right of renewal for 14 years on certain conditions.
cop·y·right (
)—adj.
Of or relating to a copyright: copyright law; a copyright agreement.
Protected by copyright: permission to publish copyright material.
cop·y·right·ed, cop·y·right·ing, cop·y·rights—tr.v.
To secure a copyright for.
cop'y·right'a·ble adj.