COPYRIGHT BASICS


Copyright is the legal right granted to an author, composer, playwright, publisher, or distributor to the exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work. Copyrights prevent others from copying one's creative works.

A copyright is created once a work is reduced to writing (or any other tangible medium, such as software code written to disk). For copyright protection and enforcement a copyright must be registered with the U.S. Copyright Office before a party may sue in federal court for its enforcement under the applicable provisions of the Copyright Act. A work registered with the Copyright Office upon creation, or within three months of publication, will be able to sue in federal court for statutory damages and attorney's fees for infringement.

The copyright symbol "©" (including the year the work was created and name of the copyright owner) is recommended (although not required for protection) to identify original and derivative works, whether or not the work is registered with the U.S. Copyright Office.

Copyright protection is available for the following types of works:
  • Literary works. Novels, nonfiction prose, poetry, newspaper articles and newspapers, magazine articles and magazines, computer software, software manuals, training manuals, manuals, catalogs, brochures, ads (text) and compilations such as business directories.
  • Musical works. Songs, advertising jingles and instrumentals.
  • Dramatic works. Plays, operas and skits.
  • Pantomimes and choreographic works. Ballets, modern dance, jazz dance and mime works.
  • Pictorial, graphic, and sculptural works. Photographs, posters, maps, paintings, drawings, graphic art, display ads, cartoon strips and cartoon characters, stuffed animals, statues, paintings and works of fine art.
  • Motion pictures and other audiovisual works. Movies, documentaries, travelogues, training films and videos, television shows, television ads and interactive multimedia works.
  • Sound recordings. Recordings of music, sounds or words.
  • Architectural works. Buildings, architectural plans or drawings.

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