#1
What does copyright protect?
#2 When is my work protected?
#3 Do I have to register
with the Copyright Office to be protected?
#4 Why should I register
my work if copyright protection is automatic?
#5 How do I register
my copyright?
#6 Do I have to renew
my copyright?
#7 Does my work have
to be published to be protected?
#8 Can I copyright the
name of my band?
#9 How to I copyright
a name, title, slogan, or logo?
#10 How do I protect
my idea?
#11 How long does copyright
last?
#12 How much of someone
else's work can I use without getting permission?
#13 What is a copyright
notice? How do I put a copyright notice on my work?
#14 Somebody infringed
my copyright. What can I do?
#15 Is my copyright
good in other countries?
#16 How do I get permission
to use someone else's work?
#17 Could I be sued
for using some else's work? How about quotes or samples?
#1 Copyright protects
original works of authorship including literary, dramatic,
musical, and artistic works such as poetry, novels, movies,
songs, computer software, and architecture. Copyright does
not project facts, ideas, systems, or methods of operation,
although it may protect the way these things are expressed.
#2 Your work is under
copyright protection the moment it is created and fixed in
a tangible form so that it is perceptible either directly
or with the aid of a machine or device.
#3 No. In general,
registration is voluntary. Copyright exists from the moment
the work is created. You must register, however, if you wish
to bring a lawsuit for infringement of a U.S. work.
#4 Registration is
recommended for a number of reasons. Many choose to register
their works because they wish to have the facts of their copyright
on the public record and have a certificate of registration.
Registered works may be eligible for statutory damages and
attorney's fees in successful litigation. Finally, if registration
occurs within five years of publication, it is considered
prima facie evidence in a court of law.
#5 To register a work,
you must submit a completed application form, for a non-refundable
filing fee of $30, and a non-returnable copy or copies of
the work to be registered. See Library of Congress, Copyright
Office, Circular 1, section Registration
Procedures.
#6 No. Works created
on or after January 1, 1978, are not subject to renewal registration.
As to works published or registered prior to January 1, 1978,
renewal registration is optional after 28 years but does provide
certain legal advantages. For information on how to file a
renewal application as well as the legal benefit of doing
so, see U.S. Copyright Office Circular
15.
#7 No. Publication
is not necessary for copyright protection.
#8 No. Names are not
protected by copyright law. Some names may be protected under
trademark law. Contact the U.S.
Patent & Trademark Office, (800) 786-9199 for further
information.
#9 Copyright does
not protect names, titles, slogans, or short phrases. In some
cases, these things may be protected as trademarks. Contact
the U.S. Patent & Trademark Office at (800) 786-9199 for
further information. However, copyright protection may be
available for logo art work that contains sufficient authorship.
In some circumstances, an artistic logo may also be protected
as a trademark.
#10 Copyright does
not protect ideas, concepts, systems, or methods of doing
something. You may express your ideas in writing or drawings
and claim copyright of your description, but be aware that
copyright will not protect the idea itself as revealed in
your written or artistic work.
#11 The Sonny Bono
Copyright Extension Act, signed into law on October 27, 1998,
amends the provisions concerning duration of copyright protection.
Effective immediately, the terms of copyright are generally
extended for an additional 20 years. Specific provisions are
as follows:
* For works created after January
1, 1978, copyright protection will endure for the life of
the author plus an additional 70 years. In the case of a
joint work, the term lasts for 70 years after the last surviving
author's death. For anonymous works and works made for hire,
the term will be 95 years from the year of first publication
or 120 years from the years of creation, whichever expires
first;
* For works created but not published
or registered before January 1, 1978, the term endures for
life of the author plus 70 years, but in no case will expire
earlier than December 31, 2002. If the work is published
before December 31, 2002, the term will not expire before
December 31, 2047;
* For pre-1978 works still in their
original or renewal term of copyright, the total term is
extended to 95 years from the date that copyright was originally
secured. For further information, see U.S. Copyright Office
Circular
A.
#12 Under the fair
use doctrine of the U.S. copyright statute, it is permissible
to use limited portions of a work, including quotes, for purposes
such as commentary, criticism, news reporting, and scholarly
reports. There are no legal rules permitting the use of a
specific number of words, a certain number of musical notes,
or percentages of a work. Whether a particular use qualifies
as fair use depends on all the circumstances. See U.S. Copyright
Office Circular
14. and FL
102.
#13 A copyright notice
is an identifier placed on copies of the work to inform the
world of copyright ownership. While use of a copyright notice
was once required as a condition of copyright protection,
it is now optional. Use of the notice is the responsibility
of the copyright owner, and does not require advance permission
from, or registration with, the Copyright Office. See Circular
3, Copyright Notice, for requirements for works published
before March 1, 1989 and for more information on the form
and position of the copyright notice.
#14 A party may seek
to protect his or her copyrights against unauthorized use
by filing a civil lawsuit in Federal District Court. If you
believe that your copyright has been infringed, consult an
attorney. In cases of willful infringement for profit, the
U.S. Attorney may initiate a criminal investigation.
#15 The United States
has copyright relations with more than 100 countries, and,
as a result of these agreements, we honor each other's citizens'
copyrights. However, the United States does not have such
copyright relationships with every country. For a listing
of countries and the nature of their copyright relations with
the United States, see Circulation
38a, International Copyright Relations of the United States.
#16 You can ask for
it. If you know who the copyright holder is, you may contact
the owner directly. If you are uncertain about the ownership
or have other related questions, you may wish to request that
the Copyright Office conduct a search of its records for a
fee of $65 per hour. Additional information can be found in
Copyright Office Circular
22.
#17 If you use a
copyrighted work without authorization, the owner may be entitled
to bring an infringement action against you. There are circumstances
under the fair use doctrine where a quote or a sample may
be used without permission. However, in cases of doubt, the
Copyright Office recommends that permission be obtained.
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