- Copyright is an intellectual property right governed by Title 17 of the U.S. Code. Copyright protects original, creative works of authorship fixed in tangible form. The purpose of copyright law is not to promote wealth. Instead, copyright offers protection to the rightful owner of a work, while allowing public access to the protected work. Copyright protection lasts for a limited duration.
- English law influenced U.S. copyright law. The most influential English law, the 1710 Statute of Anne, gave authors protection for a limited period (14 years, plus an additional 14 years upon renewal). The intent of the act was to prevent monopolies by booksellers. The U.S. enacted its own version of protection with the Copyright Act of 1790. The act gave owners exclusive rights for 14 years, and, if renewed, protection lasted for an additional 14 years. Over the years, Congress has revised the length of copyright protection.
- Copyright law protects published and unpublished original works of authorship in literature, music, motion pictures, dramatic works, sound recordings, choreography and architectural design. Copyright does not protect ideas, names, facts, pen names, extemporaneous speeches, blank forms, slogans or government works.
- The author or authors of a work own the copyright. If, however, an employee created the work within the scope of employment or an independent contractor created the work, the author of the work does not own the copyright. A copyright owner can transfer or sell the copyright.
- Copyright protection for works published after 1977 lasts for 70 years after the death of the author, or for 95 years from the publication date, or 120 years after creation if the work was made for hire. For works created between 1923 and 1977, protection lasts for 95 years from the date of publication. Published works created prior to 1923 are in the public domain.
- The owner of a copyright has the right to restrict others from distributing, reproducing, displaying, making derivatives of or performing the work in public.
- An author or a claimant can register a work with the U.S. Copyright Office. Registration creates a public record, prima facie evidence of a valid copyright and permits the owner to sue for copyright infringement. An applicant can register online or through the mail. Registration takes anywhere from five months to a year to complete. However, copyright registration becomes effective upon the receipt of a completed application. The Copyright Office will send the owner a certificate once registration is complete.
- A copyright owner can sue for infringement when someone uses a work without permission. The owner or claimant can sue in federal court after registering the work with the Copyright Office. A copyright owner can recover up to $150,000 in damages if the registration of the work occurred within three months after publication or before the infringement began.
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