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Copyrights What
is Copyright Protection? Copyright protection provides the creator of a work of authorship the right to reproduce, distribute, create derivative works, public display and public performance. The author's copyright rights may be only exercised by the author or by a person or entity with permission from the author. What is the function of a United States Copyright? You as owner of copyright of your work would have the exclusive right to do and to authorize others to do the following:
Copyright protects various works of authorship. For example: building designs, computer software, ballets, modern dance, mime works, recordings of music, sounds or words, photographs, graphic works, sculptures, maps, paintings, statues, display ads, television shows, videos, documentaries, movies, screen plays, newspapers, magazines, catalogs, novels, and instrumental works. What Aspects of computer software does a Copyright protect? Computer programs are specifically afforded Copyright protection by the Copyright Act. The Copyright Act classifies computer programs as "Literary Works" consisting of "Sets of Statements or Instructions to be used directly or indirectly in a computer to bring about a certain result." Copyright protection protects computer programs, user manuals, software documentation, software instructions, design of computer screen displays, etc. Contact Us for more information. What is the purpose of Copyright protection? The purpose of Copyright protection is to encourage intellectual creation. Therefore, only new and original material qualifies for Copyright protection. Materials in the public domain can not be protected by Copyright. What is the fair use doctrine in Copyright Law? The fair use doctrine allows anyone to copy from a protected work for purposes such as research or comments as long as the value of copyrighted work is not diminished. How long does Copyright protection last? Copyright protection lasts a long time. For works created after 1977 by an individual creator, Copyright protection lasts for the life of the creator plus an additional 70 years. If there is more than one creator, the life of the author is measured from the date that the last author dies. Where the work is created by employees for their employers or individuals under a work for hire, or individuals who remain anonymous or use a pseudonym when they publish their work, Copyright protection lasts for 95 years from the date of publication or 120 years from the date of creation, whichever occurs first. Works published after 1978 have different copyright terms. Must I include Copyright Registration notice on all published works to claim Copyright protection? No, Including a Copyright notice on published works to claim Copyright protection is now optional. However, including a valid Copyright Registration notice on published works is recommended since it warns the public of claim to Copyright ownership and hence deters infringement. Furthermore, and infringer who infringes on work containing a Copyright will have an hard time convincing the court that they were unaware of Copyright protection at the time of the infringement. What is a published Work? A work is published for Copyright purposes when the work is distributed to the public on an unrestricted basis such as selling or renting. However, consult a copyright attorney before distributing any work without a Copyright notice. Why get a Copyright Registration? In the United States, a copyright notice is not required to establish a Copyright. Furthermore, It is not necessary to register a work with the Copyright Office to claim copyright protection. However in a Copyright infringement suit one of the preferred ways to get damages is to prove that Copyright infringement was willful. Willful means that the infringer knew of the copyright protection at the time of infringement if a work contains a Copyright Registration Notice, an infringer will have a difficult time convincing the judge that infringement was without knowledge of Copyright protection. If on the other hand, the infringed work did not contain a Copyright Registration Notice, the infringer may claim that they had no notice, the infringer may claim that they had no notice or knowledge that the infringed work was protected by a Copyright. Furthermore, many countries do not provide Copyright protection to works that do not contain Copyright Registration Notices. Therefore, Copyright protection should be considered where applicable. May I use the Word "Copyright" instead of © to claim Copyright Registration on a work? Yes. In the United States you may use ©, "Corp" or "Copyright" followed by the year of publication and the owner's name. Where should I place my Copyright notice? A Copyright notice should be placed in various places to insure that it is easily noticed by the public. Copyright notices should be placed on packages, computer diskettes, computer screens, pamphlets, documentation, user manuals and other published or unpublished information. What is a Copyright Registration? Copyright Registration is a registration of a work of authorship with the United States Copyright Office in Washington D.C. When should I register my work for Copyright protection? A Copyright Registration should be filed promptly. A Copyright Registration owner is entitled to certain infringement damages such as attorney fees only if the work is registered within three months of the date of the first publication or before the date the copyright infringement occurred. Who may register a work for Copyright protection? A work of authorship may be registered by the Author, Assignee or Authorized Agent of the Author or Assignee. May I register software under development? Yes. You may register software under development. This could be useful later on to show that you are an original author and that the work was not copied from others. Can software qualify for Patent protection? Yes. A Patent( non-provisional) affords the owner twenty (20) years of monopoly from the filing date of the Patent. Thousands of software Patents have been issued since 1981. For more Information please contact us. Who can file for a copyright in the United States? Only the person who created the work or those deriving their rights from the creator of the work can rightfully claim copyright. Which works can be protecting by obtaining a copyright in the United States? Published works are eligible for copyright protection in the United States if one of the following conditions is met:
Common things that can be copyrighted are plays, books, music, dolls, poems, sculptures, paintings, photographs, drawings, jewelry designs, maps, computer programs, other written materials, etc. Does the United States Copyright protect my work anywhere else other than in the United States? Yes. Your United States copyright protects your work worldwide in participating countries. Is Copyright Protection better than a Utility Patent? As a general rule, Inventions that are entitled to a Patent are generally not entitled to a Copyright and vice versa. A Patent protects machines, compositions, processes, new and improved uses and articles of manufacture. Copyrights, protect the expression of an idea such as musical compositions, photographs, paintings, prints, fabric designs, books or plays. In many cases, an Inventor may be able to apply for both a Patent and Copyright protection. For instance, boardgame apparatus can be patented while the rules of the game can be copyrighted. Additionally the name of the game can protected as a Trademark. How Can I Protect Computer Software? Computer programs may qualify for protection under Copyright Law because they are a creative work of expression. Additionally, computer programs are a set of Instructions required for a machine to work, Patent Protection is also possible. If I am in another country other than the United States may I contact you to register copyrights in the United States on my behalf? Yes, but be sure to include your email address, a fax number, you full legal name and a phone number. Payment will be required in United States Dollars before any work commences. Contact us for more information. |