| Patents, Copyrights and Trademarks | |
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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