An Overview of Copyrights

Copyright laws are one form of intellectual property (IP) protection under U.S. law. Copyright laws protect owners of original creative works from theft or the copying their works without permission. It’s important for anyone who has original work to protect their intellectual property rights.

This article provides an overview copyright law. If you have questions about copyright issues, contact an experienced copyright lawyer, who can protect your legal rights.

Types of Works Covered Under Copyrights

Intellectual property (IP) refers to human creative works. This includes inventions, artistic works, designs, symbols, and images. Intellectual property laws are the rules and regulations designed to protect these creations. IP protections give people who make these creations exclusive rights to use, sell, and distribute them. IP laws encourage innovation and creativity by letting creators profit from their inventions and expressions.

In order to qualify for copyright protection, the work must be original. So, you can’t copyright a work replicated from another source. A copyrighted work is creative, meaning it originated in a person’s mind.

A copyrighted work is fixed in a “tangible medium of expression.” This means the format can be perceived, communicated, or reproduced. For example, you can’t copyright an idea. Various original works fall under copyright law, including:

• Literary works
• Sound recordings
• Musical works and lyrics
• Sculptures
• Architectural works
• Audiovisual works and motion pictures
• Computer programs
• Other original works of authorship

Copyright Security

Any work is automatically copyrighted material when it is created. A work is created when the creator puts it on paper or into effect. You copyright a novel when you write it. You copyright a painting when you paint it. You can copyright a dance routine when you perform the work, even if it’s only in a practice session.

You don’t necessarily have to register works with the U.S. Copyright Office or the Library of Congress. They are still copywritten works. However, you get more protections if you register with the copyright office. This includes the right to claim statutory (money) damages for a copyright violation.

Registering an original work has benefits, such as providing a public record of the copyright. This is how you can prove ownership of an original work. When someone copies or distributes your work without permission, you can file a copyright infringement lawsuit for compensation.

Copyright Protections

Congress has passed much of the U.S. copyright law for any tangible medium of expression. But there’s a time limit to copyright protections. After the duration of copyright protection, the work becomes part of the public domain.

Currently, for most new works created after 1978, copyright ownership lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright ownership term of protection is 95 years from the year of first publication or 120 years from creation, whichever comes first. There are exemptions. The passage of the Digital Millennium Copyright Act has also produced changes.

If you filed a copyright registration with the U.S. Copyright Office, you can stipulate limited use for the original protected work. You can determine who, when, and how to reproduce, perform, distribute, and develop derivatives of the original work.

As the creator and copyright owner, it’s up to you to decide if you want to authorize others to use the copyrighted work. If you pass away, your heirs or beneficiaries hold the copyright. They continue exclusive rights over the work until it enters the public domain.

Limitations of Copyright Protection

Copyright protections have some limitations. While a copyright protects a specific work, it doesn’t protect the techniques, facts, or concepts. Just because someone writes a novel about zombies doesn’t mean that anyone else can’t write about zombies. You also can’t copyright titles.

There are also fair use limitations for research, teaching, criticism, and comment. Fair use also allows for parody of the work.

Talk to a Copyright Lawyer

Copyright and intellectual property laws are complex. Writers, authors, musicians, painters, artists, architects, and others who produce creative works should learn how to protect their works from copyright infringement. If you need more information about copyright infringement or registering your copyright, talk to a copyright lawyer today. They can explain your options and guide you through the process to protect your creative works.