Introduction to Copyrights

Copyright is a form of intellectual property protection that protects original works of authorship that are fixed in a tangible form of expression, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. Copyright registration is inexpensive and easily accomplished.

Before the 1976 Copyright Act was passed, a distinction was drawn between published and unpublished works. A published work is one that is distributed to the public for sale or otherwise transferred to another, such as by rental or lending. An example of an unpublished work is a diary or journal maintained by the author and not distributed to the public. Rights to an unpublished work lasted forever; once the work was published, however, it became subject to a term of protection for fifty-six years.

The 1976 Copyright Act eliminated the distinctions between published and unpublished works. Under current law, an original work is protected automatically from the moment of its creation in a fixed form, whether it is published or not. Fixation requires that the work be sufficiently stable or permanent that it can be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A song, for example, can be fixed in sheet music or in phonographic disks, or both, and a poem is fixed when it is written or typed. Thus, nearly anything that can be expressed in a tangible form can be protected, including computer software and videotapes. Live performances, such as street performances, campaign speeches, and standup comedy routines are not protectable unless the material is written down or the performance is simultaneously recorded.

Copyrights are governed exclusively by the U.S. Copyright Act, found at 17 U.S.C. §§ 101 et seq. The Copyright Act can be located on the Copyright Office Web site at www.loc.gov/copyright (or http://lcweb.loc.gov/ copyright) or by accessing the Web site www4.law.cornell.edu/uscode. There is no such thing as a state copyright, and all rights relating to copyright are found in federal law. Another excellent Web site providing links to numerous copyright resources is Copyright Resources on the Internet at http://groton.k12.ct.us/mts/pt2a.htm.