What is a copyright?
A copyright is an exclusive right granted by statute to the author of an
original work for a limited period of time to make multiple copies of the
author's work. Works that may be the subject of copyright include
literary, musical, choreographic, pictorial, graphic, sculptural, software
and audio/visual works.
Rights
What rights does a copyright owner have?
Section 106 of the Copyright Act generally gives the copyright owner
certain exclusive rights. These rights include:
Reproduction of the copyrighted work.
Preparation of derivative works.
Distribution of copies.
Public performance of the copyrighted work.
Public display of the copyrighted work.
Do copyrights protect an idea?
Copyrights cover only the "expression" of the author, that is the work
itself. Copyrights do not protect the ideas included therein. Copyright
protection arises as soon as the work is created and fixed in a tangible
medium. The copyright is owned by the author. The copyright lasts for
the lifetime of the author plus 50 years after the author's death. An author
may also transfer his copyright interest to someone else. These works,
referred to as "work made for hire", last for 75 years from publication or
100 years from creation, whichever is shorter.
What is copyright Registration?
A copyright work may be registered with the U.S. Copyright Office in
Washington, DC. It is not necessary to register a copyright, but
registration provides many advantages. For example, the owner of a
registered copyright may be able to collect his or her attorney's fees from
an infringer. Applying to register a copyright is relatively easy and low
cost.
Can I call the copyright office?
The copyright office provides a helpful information service by calling
(202) 707-3000. Through this number you can get information on
registering your copyright. There is also a separate "Forms Hotline"
number, (202) 707-9100, to request forms free of charge. The process
is relatively simple and the fees are modest.
How do copyright impact my employees?
The law generally provides that works created by a true employee in the
course of employment and for the benefit of the employer are works
made for hire and therefore owned by the employer. However,
companies often deal with independent contractors to develop computer
programs or do other work for the benefit of the company. It is important
that the company have a written agreement with the independent
contractor/author providing that the deliverable product is work made for
hire owned by the company. LegalPoint provides a Software
Development Agreement form so that a company or individual can
contract with a software developer on a work made for hire basis.
What are copyright Notices and Fair Use?
Once you have a copyright work, it is best to place a notice of copyright
on the work. The notice should include the word "copyright" or the
"circle C", and the year of publication, followed by the name of the
author or other owner of the work. For example: Copyright 1994 Acme,
Inc. With software, the notice should be placed on the physical media
and in an early screen, if possible.
The copyright owner's exclusive rights have some limits. The law
provides that someone else may make "fair use" of copyright materials
without infringing the owner's interest. Fair use includes limited usage in
connection with criticism, news reporting, teaching and research.
Be aware that many publishing companies take a very aggressive
approach to enforcing their copyrights. For example, many companies,
large and small, purchase periodicals, journals and reports for their
employees' use. It is not usually a "fair use" to make multiple copies of
these publications to circulate among employees. Companies engaging in
this practice may sometimes be surprised to find they have been sued for
copyright infringement because of this practice.
Trademarks
Trade Secrets
Patents .
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