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Part 2: Copyrights 
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As with patents, copyright protection is guaranteed under Article I, Section 8 of the Constitution. which grants Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries..."

Copyrights and copyright laws are administered by the U.S. Copyright Office of the Library of Congress.

Who Needs a Copyright? 
Persons or organizations creating "original works of authorship" including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual displays usually register copyrights. Authors, artists, song writers and creators of computer programs typically register copyrights. 

Important Note: There is no need to "apply" for a copyright. A copyright is automatically considered to be granted to the author or creator of the work as soon as it is finished and considered "fixed" in a copy or recording. [Details from the US Copyright Office] While there is no need to apply for copyrights, there are definite advantages to registering them through the Copyright Office. Primarily, registering a copyright establishes a legally enforceable public record of the creator's copyright claim. 

What a Copyright Does
The word "copyright" literally means the right to copy. According to the U.S. Copyright Office, "The owner of copyright has the exclusive right to reproduce, distribute, and, in the case of certain works, publicly perform or display the work; to prepare derivative works; or to license others to engage in the same acts under specific terms and conditions." For example, the author of a book will typically sell all or part of his or her copyrights to a publisher who actually prints and markets the book to the public.

What Can and Cannot Be Copyrighted?
The U.S. Copyright Office defines the following broad categories of works for which copyrights can be registered:

  • literary works
  • musical works, including any accompanying words
  • dramatic works, including any accompanying music
  • pantomimes and choreographic work
  • pictorial, graphic, and sculptural works
  • motion pictures and other audiovisual works
  • sound recordings
  • architectural works

Computer program copyrights are typically registered as "literary works." Architectural plans and maps are registered as "pictorial, graphic, and sculptural works."

Things that cannot be copyrighted include any inventions, ideas, procedures, processes, slogans, principles, or discoveries. [Details from the US Copyright Office]

How to Register a Copyright
The process of registering a copyright differs considerably depending on the type of work created. Here are links to related information from the U.S. Copyright Office's Copyright Basics circular.

  • Copyright Information Circulars and Factsheets
    Available as either text or .pdf files, these publications explain all phases and procedures of securing a copyright.
  • Search Copyright Records
    Search copyright information by selecting from the books and serials, or documents databases which contain records of registrations and ownership documents since 1978.
  • Copyright Office Fees
    Fees effective as of July 1, 1999.
  • Copyright Office Forms
    A different form is required for each category of creative work. Be sure to read the instructions for filling out and submitting the forms.
  • How to "Secure" a Copyright
    An explanation of how copyrights are automatically secured at the time a work is created, and exactly when that is.
  • The Meaning and Effect of "Publication"
    "Publication is no longer the key to obtaining federal copyright as it was under the Copyright Act of 1909. However, publication remains important to copyright owners." - U.S. Copyright Office
  • U.S. Copyright Laws
    Available individually or as a complete set in .pdf and text formats.
  • Frequently Asked Questions
    Answers to questions commonly received by the Copyright Office.

For More Information
You can call the Copyright Public Information Office at (202) 707-3000, 8:30 a.m. to 5:00 p.m. eastern time, Monday through Friday, except federal holidays. The TTY number is (202) 707-6737. 

Or, you may write for information to:

Library of Congress 
Copyright Office 
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000

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