Thursday, April 1, 2010

Copyright Law

When touching on the issue of copyright, there are a few things one must keep in mind:
  • First off, according to copyright.gov, copyright protects original works of authorship, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, architecture, and computer software.
  • However, copyright does not protect, facts, ideas, systems, or methods of operation; although it might protect the way these things are expressed.
  • Also, according to copyright.gov, copyright can be defined as a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression, and covers both published and unpublished works.
  • Work becomes protected under copyright the moment it becomes created and fixed in a tangible form, that is perceptible either directly or with the aid of a machine or device.
  • The Web site goes on to say that copyright protects original works of authorship, while a patent protects invention or discoveries. A trademark protects words, phrases, symbols, or designs by identifying the source of the goods or services of one party and distinguishing them from those of others.
  • Registration is voluntary. You are required to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.
  • There are a number of reasons why registration is recommended. Many people register their works because they want to have the facts of their copyright on the public record and have a certificate of their registration. Works that are registered, may be eligible for statutory damages and attorney's fees in successful litigation. If registration occurs within 5 years, it is considered prima facie evidence in a court of law.
  • "Poor man's copyright." This is the practice of sending a copy of your own work to yourself. However, there is no provision in the copyright law regarding this type of protection, and it is not a substitute for registration.
  • Copyright privileges in other countries. The U.S. has copyright relations with most of the other countries in the world and as a result of the agreements, they honor each other's citizens copyrights. However, the U.S. does not have copyright agreements with every country, so you need to check beforehand if the country has an agreement with the U.S.
These are just a few tips that copyright.gov highlights about copyright to help get you started with the process of copyrighting your work. However, copyright law is extremely complex so you will want to look further into it than this if trying to gain a copyright for your artwork.

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