What Is Copyright? (1) Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” What Is Copyright? (2) This protection is available to both published and unpublished works. What is publication? Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following (1) To reproduce the work in copies or phonorecords; The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following (2) To prepare derivative works based upon the work; The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following (3) To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following (4) To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audio visual works; The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following (5) To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audio visual work The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following (6) In the case of sound recordings,* to perform the work publicly by means of a digital audio transmission. Sound recordings are defined in the law as: “works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work.” Who Can Claim Copyright? (1) Copyright protection subsists from the time the work is created in fixed form. Who Can Claim Copyright? (2) The copyright in the work of authorship immediately becomes the property of the author who created the work. Who Can Claim Copyright? (3) Only the author or those deriving their rights through the author can rightfully claim copyright. Who Can Claim Copyright? (4) In the case of works made for hire, the employer and not the employee is considered to be the author. What Works Are Protected? (1) Copyright protects “original works of authorship” that are fixed in a tangible form of expression. What Works Are Protected? (2) The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. What Works Are Protected? (3) Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. Copyrightable works include what categories? 1. literary works, 2. musical works including any accompanying words 3. dramatic works including any accompanying music, 4. pantomimes and choreographic works, 5. pictorial, graphic, and sculptural works 6. motion pictures and other audiovisual works, 7. sound recordings, 8. architectural works How Long Does Copyright Protection Endure? (1) The author’s life plus an additional 70 years after the author’s death. How Long Does Copyright Protection Endure? (2) In the case of “a joint work prepared by two or more authors who did not work for hire,” the term lasts for 70 years after the last surviving author’s death. Transfer of Copyright (1) Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of Copyright (2) A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession. Copyright Registration (1) In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. Copyright Registration (2) Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. What are the advantages of Copyright Registration? (1) Registration establishes a public record of the copyright claim. What are the advantages of Copyright Registration? (2) Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin. What are the advantages of Copyright Registration? (3) If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. What are the advantages of Copyright Registration? (4) If registration is made within three months after publication of the work or prior to an infringement of the work: Statutory damages and attorney’s fees will be available to the copyright owner in court actions. What are the advantages of Copyright Registration? (5) Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies. When can you register a copyright? Registration may be made at any time within the life of the copyright. What 2 forms are used for music copyrights? Form PA (performing arts works, including motion pictures); Form SR (sound recordings) What is the online form that's used for registering a copyright? Online registration through eCO and fillin Form CO can be used for the categories of works applicable to Forms TX,VA, PA, SR, and SE. How is a copyright different from a patent or a trademark? Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. Is copyright registration necessary for protection of a work? No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. What is a “poor man’s copyright.” The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration. From the Copyright Office's Circular 1
Talent is Overrated-Rev 
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