- Copyright laws in the United States (title 17, U.S. Code) are designed to protect intellectual property, including dramatic, musical, literary, artistic and other intellectual works. Copyright protects works such as songs, poetry, paintings, novels, movies and computer software. Copyright laws ensure that the original authors of such works maintain the exclusive right, or can authorize others, to copy, distribute, display and/or perform the work publicly, and create derivative works for a set period of time.
Facts, ideas, systems or methods of operation cannot be copyrighted, although a particular expression of them can. Copyrights should not be confused with patents or trademarks. A patent protects inventions and discoveries, while trademarks protect symbols, words, phrases or designs that identify the maker of goods and services in order to distinguish them from others. - The original author of a work is entitled to its copyright. If an employer hires an employee to create intellectual property, known as made-for-hire works, the copyright belongs to the employer. Copyrights can also be inherited and sold. Works of foreign origin can be protected by U.S. copyright and so can works created by minors, although state laws vary regarding dealings with minor-owned copyrights.
- There is no legal requirement to register a work with the U.S. Copyright Office. A work becomes copyrighted as soon as it is created and put into a tangible form. Registration is only required if you wish to sue for infringement. Many people choose to register their copyright voluntarily so it can be a matter of public record and they can receive a certificate. Copyrights are honored between the U.S. and a number of other countries; however not all countries recognize U.S. copyrights and there is no such thing as "international copyright". Should you choose to register your copyright, you'll simply fill out a U.S. Copyright Office form and pay a fee.
- Generally, a work created after January 1, 1978, is protected as long as the author lives, plus an additional 70 years. A made-for-hire, anonymous work, and those created under a pseudonym have copyright terms of 95 years from the year of first publication, or 120 years from the year of its creation, whichever expires first. Works created prior to 1978 are subject to varying restrictions, which are further explained in Chapter 3 of the Copyright Act.
Once a copyright has expired, the work passes into the "public domain" and is free to be used without permission or payment. To find out whether or not a work has passed into the public domain, you must search the records of the U.S. Copyright Office, or for a fee, the office will conduct the search for you. - There are limitations in copyright law, and one of the most important is called Fair Use (Section 107). Fair use makes it legal for copyrighted works to be reproduced for certain purposes including comment, criticism, news reporting, education and research. Four factors are taken into consideration when determining fair use: the purpose, including whether the use is commercial or non-profit; the type of copyrighted work under consideration; the amount of material being used; and the effect of the use on the value of the work.
- There are many ways to violate a copyright, and sometimes infringement is unintentional. But whether done on purpose, or by accident, copyright infringement is illegal and a civil lawsuit can be filed in federal district court. If infringement is proven, the violator will have to stop using the material illegally and likely pay the copyright holder monetary damages.
One common myth is that it's only copyright infringement if the violator profits from using a copyrighted work. Profiting from another's work is certainly grounds for a lawsuit, but so is infringement without profit, such as making copies of a song and giving it away. The well-publicized lawsuits in 2000 against the online music sharing website, Napster, are prime examples of infringement without profit. Millions of people were sharing songs for free with one another via the Napster website. And although no one was profiting, recording artists including Metallica and Dr. Dre, A&M records and several other labels successfully sued Napster for copyright infringement under the Digital Millennium Copyright Act (DMCA).
Violations of copyright are often unintentional, purely because the violator isn't familiar enough with copyright law. Generally, any public performance, whether live or by machine, of a copyrighted work requires permission from the copyright holder. For example, although teaching is considered fair use, if a movie is shown in a classroom for entertainment purposes that requires permission.
It is also illegal to play the radio or a CD in any place which is open to the general public without proper permission, although it is common practice. Many stores and other public venues pay for music services to avoid infringing on copyright. Even radio stations must pay fees to legally play copyrighted music on the air. Those fees are paid to organizations like the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Incorporated (BMI), which are "collecting societies". They protect intellectual property by ensuring that the creators of music that is broadcast, recorded, performed or otherwise used for profit, are compensated. - The owner of a copyright may or may not charge you to use the material. If you know who owns a copyright, you can contact them directly and ask for written permission. If you don't know who the copyright holder is, you can contact the U.S. Copyright Office and for a fee, they will search their records for you. You can search them yourself for free in person at their office in Washington D.C. or online at www.copyright.gov.
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