Copyright

It all started when…

Overview of United States Copyright 

What is Copyrightable?

Copyright protection is available for a wide variety of products and materials utilized by businesses.  Copyright protection is available for any “original work of authorship” in a variety of categories.  For businesses, most of the copyrightable items fall within the “literary works” and the “visual arts works” categories.  Copyright law distinguishes between an idea and an expression of an idea.  Only the expression is protected. Thus, copyrights do not protect the owner from use by others of any idea, procedure, process, system, method of operation, concept, principle or discovery revealed by the copyrighted work.  The following is a brief list of some of the items for which copyright protection should be considered:

Literary Works

·         Automated Databases

·         Computer Programs

·         Online Works

·         Speeches/presentations

·         Pamphlets

·         Brochures

·         Directories

·         Catalogs

·         Advertising Copy

·         Games

With regard to copyright protection for computer programs, please note that the copyright extends to all of the copyrightable expression embodied in the computer program, but copyright protection is not available for ideas, program logic, algorithms, systems, methods, concepts, or layouts. 

Visual Arts Works:

·         Technical drawings, diagrams, mechanical drawings

·         Advertisements, Commercial Prints, Labels

·         Drawings

·         Games

·         Stationery

·         Computer artwork

·         Models

·         Photographs

Benefits of Copyright Registration

A work is protected by copyright under United States law from the time it is created in a fixed form and registration is not necessary for copyright protection.  However, registration is advisable due to the numerous benefits registration provides…including:

·         Registration establishes a public record of the copyright claim

·         Registration is necessary prior to the filing of an infringement suit in court for works of United States origin

·         Registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the copyright certificate if the registration is made before or within 5 years of publication

·         If registration is made within 3 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 owners in court actions.

·         Registration allows the owners of the copyright to record the registration with the US Customs Service for protection against the importation of infringing copies.

Duration

Copyright protection lasts for the life of the author plus an additional 70 years.  In the case of a joint work prepared by two or more authors who did not work for hire, the term lasts 70 years after the last surviving author’s death.  For works made for hire, and for anonymous and pseudonymous works, the duration of copyright will be 95 years from the first publication or 120 years from creation, whichever is shorter.

Works for Hire

The general rule is that the person who creates a work is the author of the work and thus the owner of the copyright.  There is an exception to this rule in the form of “Works for Hire.”  If a work is made for hire, the employer, not the employee, is considered the author.  Whether or not a particular work is made for hire is determined by a close analysis of the relationship between the parties…when an independent contractor is used, this analysis becomes even more complex.  Issues with regard to ownership of copyrights can be easily avoided with employment contracts that resolve the ownership issues affirmatively.