What
is copyright?
Copyright
is a form of protection provided by the laws of the United
States (title 17, U.S. Code) to the authors of "original
works of authorship," including literary, dramatic,
musical, artistic, and certain other intellectual works.
This protection is available to both published and unpublished
works. Copyright generally gives the owner of copyright
the exclusive right to do and to authorize others
to do the following:
- To
reproduce the work in copies.
- To
prepare derivative works.
- To
distribute copies of the work to the public.
- To
display the copyrighted work publicly.
It
is illegal for anyone to violate any of the rights provided
by the copyright law to the owner of copyright.
Who
can claim copyright?
Copyright
protection subsists from the time the work is created in
fixed form. The copyright in the work of authorship immediately becomes
the property of the author who created the work. Only the
author or those deriving their rights through the author
can rightfully claim copyright. In the case of works made
for hire, the employer and not the employee is considered
to be the author.
What
works are protected?
Copyright
protects "original works of authorship" that
are fixed in a tangible form of expression. The fixation
need not be directly perceptible so long as it may be communicated
with the aid of a machine or device. Copyrightable works
include literary works, musical works, including any accompanying
words, pictorial, graphic, and audiovisual works and more.
These categories should be viewed broadly. For example,
computer programs and most "compilations" may
be registered as "literary works"; maps and architectural
plans may be registered as "pictorial, graphic, and
sculptural works."
Copyright
is secured automatically when the work is created,
and a work is "created" when it is fixed in a
copy for the first time. "Copies" are material
objects from which a work can be read or visually perceived
either directly or with the aid of a machine or device. |