Copyright in USA
Copyright
law in the U.S. is based on the Copyright Act of 1976, a federal statute
that went into effect on January 1, 1978 (Copyright Act). The federal agency
charged with administering the act is the Copyright Office of the Library
of Congress.
State "copyright" laws are limited to works that cannot be protected under federal copyright law. States cannot enact their own laws beyond the term of protection given by the Copyright Act.
Copyright law protects "works of authorship." The Copyright Act states that works of authorship include the following types of works:
- Literary and Musical works
- Dramatic, Pantomimes and choreographic works
- Pictorial, graphic, Architectural and sculptural works
- Motion pictures and other audiovisual works
- Interactive multimedia works
To receive copyright protection, a work must be "original" and must be "fixed" in a tangible medium of expression. Certain types of works are not copyrightable. A work is original if it owes its origin to the author and was not copied from some preexisting work.
A work is "fixed" when it is made "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration."
Uncopyrightable works and works for which copyright protection has ended are referred to as "public domain" works.
Copyright protection arises automatically when an original work of authorship is fixed in a tangible medium of expression. Registration with the Copyright Office is optional. However you have to register with the Copyright Office before you file an infringement suit. The use of copyright notice is optional for works distributed after March 1, 1989.
Under current law, the copyright term for works created by individuals is the life of the author plus 70 years. The copyright term for "works made for hire" is 95 years from the date of first "publication" or 120 years from the date of creation, whichever expires first.
A copyright owner has five exclusive rights in the copyrighted work:
- Reproduction Right. The reproduction right is the right to copy, duplicate, transcribe, or imitate the work in fixed form.
- Modification Right. The modification right (derivative works right) is the right to modify the work to create a new work.
- Distribution Right. The distribution right is the right to distribute copies of the work to the public by sale, rental, lease, or lending.
- Public Performance Right. The public performance right is the right to perform the work at public place or to transmit it to the public.
- Public Display Right. The public display right is the right to show a copy of the work directly or by means of a film, slide, or television image at a public place or to transmit it to the public.
Anyone who violates any of the exclusive rights of a copyright owner is an infringer.
A copyright owner can recover actual or, in some cases, statutory damages from an infringer. The federal district courts have the power to issue injunction orders to prevent or restrain copyright infringement and to order the impoundment and destruction of infringing copies.
The copyright owner's exclusive rights are subject to a number of exceptions that allow others the right to make limited use of a copyrighted work.
Exceptions include; Ideas, Facts, Independent Creation and Fair Use (The Copyright Act does not define fair use. Fair use is determined by balancing the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work & the effect of the use on the potential market).
If you need a Copyright Law Lawyer to register a Copyright, Protect your Copyright Exclusive Rights or Defend against a Copyright Injunction order contact Attorney Search Network for a pre-screen referral. Get a Lawyer Referral.
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