Copyright
What Is Copyright?
Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary,
dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright
Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further
information, request Circular 40, Copyright Registration for Works of the Visual Arts.
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107
through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major
limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a
“compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.
For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.
*Note: Sound recordings are defined in the law as “works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds
accompanying a motion picture or other audiovisual work.” Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a
phonorecord. A phonorecord is the physical object in which works of authorship are embodied. The word “phonorecord” includes cassette tapes, CDs, LPs, 45 r.p.m.
disks, as well as other formats.
Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship 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.
In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as:
a contribution to a collective work
a part of a motion picture or other audiovisual work
a translation
a supplementary work
a compilation
an instructional text
a test
answer material for a test
an atlas
if the parties expressly agree in a written instrument that the work shall be considered a work made for hire.
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the
author of the contribution.
Two General Principles:
What Works Are Protected?
Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be
communicated with the aid of a machine or device. Copyrightable works include the following categories:
Notice of Copyright.
The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of
notice is still relevant to the copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989.
Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA)
restores copyright in certain foreign works originally published without notice. For further information about copyright amendments in the URAA, request Circular 38b.
Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first
publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright
infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or
statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was
protected.
Form of Notice for Visually Perceptible Copies.
The notice for visually perceptible copies should contain all the following three elements:
1. The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”; and
2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of
the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is
reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and
3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
The “C in a circle” notice is used only on “visually perceptible copies.” Certain kinds of works—for example, musical, dramatic, and literary works—may be fixed not in
“copies” but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are “phonorecords” and not “copies,” the “C
in a circle” notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded.
Form of Notice for Phonorecords of Sound Recordings.
The notice for phonorecords embodying a sound recording should contain all the following three elements:
1. The symbol (the letter P in a circle); and
2. The year of first publication of the sound recording; and
3. The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of
the owner. If the producer of the sound recording is named on the phonorecord label or container and if no other name appears in conjunction with the notice, the
producer's name shall be considered a part of the notice.
How Long Copyright Protection Endures.
Works Originally Created on or after January 1, 1978.
A work that was created on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s
life plus an additional 70 years after the author’s death. In the case of “a joint work prepared by two or more authors who did not work for hire,” the term lasts for 70 years
after the last surviving author’s death. For works made for hire, and for anonymous and pseudonymous works, the duration of copyright will be 95 years from publication
or 120 years from creation, whichever is shorter.
Works Originally Created before January 1, 1978, But Not Published or Registered by That Date.
These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works is generally
computed in the same way as for works created on or after January 1, 1978: the life-plus-70 or 95/120-year terms apply to them as well. The law provides that in no
case would the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of
copyright will not expire before December 31, 2047.
Copyright Registration.
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition
of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage
copyright owners to make registration. Among these advantages are the following:
Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not
necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.
Registration Procedures.
To register a work, send the following three elements in the same envelope or package to:
Library of Congress
Copyright Office
101 Independence Avenue, SE
Washington, DC 20559-6000
Effective Date of Registration.
A copyright registration is effective on the date the Copyright Office receives all the required elements in acceptable form, regardless of how long it then takes to
process the application and mail the certificate of registration. The time the Copyright Office requires to process an application varies, depending on the amount of
material the Office is receiving.
If you apply for copyright registration, you will not receive an acknowledgment that your application has been received (the Office receives more than 600,000
applications annually), but you can expect:
If you want to know the date that the Copyright Office receives your material, send it by registered or certified mail and request a return receipt.
For More Information go to www.copyright.gov
Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary,
dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright
Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including
the individual images of a motion picture or other audiovisual work; and
- In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further
information, request Circular 40, Copyright Registration for Works of the Visual Arts.
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107
through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major
limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a
“compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.
For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.
*Note: Sound recordings are defined in the law as “works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds
accompanying a motion picture or other audiovisual work.” Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a
phonorecord. A phonorecord is the physical object in which works of authorship are embodied. The word “phonorecord” includes cassette tapes, CDs, LPs, 45 r.p.m.
disks, as well as other formats.
Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship 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.
In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as:
- a work prepared by an employee within the scope of his or her employment; or
- a work specially ordered or commissioned for use as:
a contribution to a collective work
a part of a motion picture or other audiovisual work
a translation
a supplementary work
a compilation
an instructional text
a test
answer material for a test
an atlas
if the parties expressly agree in a written instrument that the work shall be considered a work made for hire.
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the
author of the contribution.
Two General Principles:
- Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of
ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
- Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws,
consult an attorney.
What Works Are Protected?
Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be
communicated with the aid of a machine or device. Copyrightable works include the following categories:
- literary works;
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
- These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and
architectural plans may be registered as “pictorial, graphic, and sculptural works.”
Notice of Copyright.
The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of
notice is still relevant to the copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989.
Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA)
restores copyright in certain foreign works originally published without notice. For further information about copyright amendments in the URAA, request Circular 38b.
Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first
publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright
infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or
statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was
protected.
Form of Notice for Visually Perceptible Copies.
The notice for visually perceptible copies should contain all the following three elements:
1. The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”; and
2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of
the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is
reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and
3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
- Example: © 2006 John Doe
The “C in a circle” notice is used only on “visually perceptible copies.” Certain kinds of works—for example, musical, dramatic, and literary works—may be fixed not in
“copies” but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are “phonorecords” and not “copies,” the “C
in a circle” notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded.
Form of Notice for Phonorecords of Sound Recordings.
The notice for phonorecords embodying a sound recording should contain all the following three elements:
1. The symbol (the letter P in a circle); and
2. The year of first publication of the sound recording; and
3. The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of
the owner. If the producer of the sound recording is named on the phonorecord label or container and if no other name appears in conjunction with the notice, the
producer's name shall be considered a part of the notice.
- Example: 2006 A.B.C. Records Inc.
How Long Copyright Protection Endures.
Works Originally Created on or after January 1, 1978.
A work that was created on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s
life plus an additional 70 years after the author’s death. In the case of “a joint work prepared by two or more authors who did not work for hire,” the term lasts for 70 years
after the last surviving author’s death. For works made for hire, and for anonymous and pseudonymous works, the duration of copyright will be 95 years from publication
or 120 years from creation, whichever is shorter.
Works Originally Created before January 1, 1978, But Not Published or Registered by That Date.
These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works is generally
computed in the same way as for works created on or after January 1, 1978: the life-plus-70 or 95/120-year terms apply to them as well. The law provides that in no
case would the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of
copyright will not expire before December 31, 2047.
Copyright Registration.
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition
of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage
copyright owners to make registration. Among these advantages are the following:
- Registration establishes a public record of the copyright claim.
- Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
- If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the
certificate. - If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available
to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner. - Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on “Intellectual Property Rights.”
Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not
necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.
Registration Procedures.
To register a work, send the following three elements in the same envelope or package to:
Library of Congress
Copyright Office
101 Independence Avenue, SE
Washington, DC 20559-6000
- A properly completed application form.
- A nonrefundable filing fee* for each application.
- A nonreturnable deposit of the work being registered. The deposit requirements vary in particular situations. The general requirements follow. Also note the
information under “Special Deposit Requirements.”
- -If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition.
-If the work was first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published.
-If the work was first published outside the United States, one complete copy or phonorecord of the work as first published.
-If sending multiple works, all applications, deposits, and fees should be sent in the same package. If possible, applications should be attached to the
appropriate deposit. Whenever possible, number each package (e.g., 1 of 3, 2 of 4) to facilitate processing.
Effective Date of Registration.
A copyright registration is effective on the date the Copyright Office receives all the required elements in acceptable form, regardless of how long it then takes to
process the application and mail the certificate of registration. The time the Copyright Office requires to process an application varies, depending on the amount of
material the Office is receiving.
If you apply for copyright registration, you will not receive an acknowledgment that your application has been received (the Office receives more than 600,000
applications annually), but you can expect:
- A letter or a telephone call from a Copyright Office staff member if further information is needed or
- A certificate of registration indicating that the work has been registered, or if the application cannot be accepted, a letter explaining why it has been rejected.
If you want to know the date that the Copyright Office receives your material, send it by registered or certified mail and request a return receipt.
For More Information go to www.copyright.gov
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