Copyright Law

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U.S. Copyright law is a subset of Intellectual Property law. It provides protection to the creators of specific work product for that work product, established by the U.S. Constitution in Article 1, Section 8. It also allows the copyright owner to copy his/her work as he desires and to legally prohibit others from doing so, and also from displaying, using, distributing, performing and/or licensing his/her work product for a specific period of time. Copyright law also protects derivatives of a copyrighted work, unless it falls under the “fair use” doctrine.

Fair use refers to the public’s right to freely use certain copyrighted material without fear of reprisal. The factors used to define “fair use” are specified in copyright law, although their interpretation is very subjective. Generally speaking, fair use allows individuals to reproduce copyrighted material only for narrow and specific purposes which include criticizing or critiquing; commentary and news reporting; research and scholarship; nonprofit educational uses; and ridiculing or satirizing as in a parody of a copyrighted work.

In addition, there exists another exception, in “work for hire” product. This refers to original work created by an individual working for another entity and therefore this individual’s work product actually belongs to the entity that hired the worker and that entity would then own the copyright, instead of the individual who actually created the work product.

The first Copyright Act was enacted under the Constitution to protect the “writings” of authors. But over time copyright protection has expanded to include other types of creative, original works represented in tangible formats other than writing. Types of work product protected by copyright law include, but are not limited to the following: literary works, such as books, manuscripts, magazines, articles, and poetry; dramatic works like plays with any accompanying music, movie scripts, screenplays, written or recorded pantomime performance art and choreography; musical works like songs, music, lyrics, compositions, musical scores, and sound recordings; visual artistic works like maps, drawings, sketches, paintings, photographs, sculpture, art reproductions and films; audiovisual work like motion pictures, television shows and cartoons; architectural work like designs, technical drawings and blueprints; and computer software programs.

To qualify for copyright protection the work must have been represented at one time in some sort of tangible form, although not indefinitely. Additionally, it does not have to be unique or inventive, and can even resemble other works already in existence, but it must be original work that was not copied directly from any other source, and created independently by the author. Lastly, some measure of creative effort must have been expended to create the work. For example, someone’s grocery list where the items are simply listed with no embellishments displays no creative effort at all and would not be copyright protected.

Any eligible work does not have to be published to fall under copyright protection. As soon as the original work has been rendered in some sort of tangible form, it qualifies. Many categories of material that are not eligible for copyright protection may instead be suitable for protection under trademark, trade secret or patent laws. However, works composed completely out of material that has become part of the “public domain” is considered common or community property; it has no original creation and is not suitable for any type of protection. These include things like weight charts, height charts, standardized calendars, various photographs, magazine articles, works produced by the U.S. government and the like. Additionally, all works published in the U.S. before 1923 are now considered public domain.

The emergence and saturation of internet use throughout the world has had a distinct effect on copyright law. Time and again copyright protection has been afforded to internet content. Digital Rights Management (DRM) is at the forefront of this new frontier. DRM refers to the diverse aggressive measures instituted to control internet content by assorted means, including locking access via new markup language, encryption features, and plug-ins; use of an informal honor system where entities, such as the Copyright Clearance Center, provide permissions and payments; and good old-fashioned prosecution. Additionally, the Copyright Office has developed the “Copyright Office Electronic Registration, Recordation and Deposit System” (CORDS), a system fashioned to electronically register copyrights online and currently instituted by the electronic copyright office (eCO).

U.S. copyright law is almost solely created and regulated by the federal government. The agency mainly responsible for this is the federal Copyright Office of the Library of Congress. Copyright protection and the applicable governing laws differ according to the time that the work was created. For specifics, see links to Copyright Acts below. Most copyrights are recognized and honored internationally in many, but not all countries via international copyright treaties and conventions.

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Copyright Law - US

  • ABA - Intellectual Property Law Section - Copyrights

    The ABA Section of Intellectual Property Law is the largest intellectual property organization in the world and the oldest substantive Section of the ABA. Since 1894, we have advanced the development and improvement of intellectual property laws and their fair and just administration.

  • Copyright Act

    The U.S. Copyright Act is found in Title 17 of the U.S. Code and contains the federal statutes governing copyright law in the United States. This index contains links to each of the sections of the Copyright Act found in Title 17. The version of the Copyright Act found in BitLaw was updated in November 2005.

  • Copyright Law - Wikipedia

    Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to get compensated for their work and be able to financially support themselves.

  • United States Copyright Law

    Copyright law in the U.S. is governed by federal statute, namely the Copyright Act of 1976. The Copyright Act prevents the unauthorized copying of a work of authorship.

  • United States Copyright Office

    The Copyright Office is an office of record, a place where claims to copyright are registered and where documents relating to copyright may be recorded when the requirements of the copyright law are met.

Copyright Law - International

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