Copyrights

A general definition:  Copyright is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. This means that if you can see it, hear it and/or touch it - it may be protected. If it is an essay, if it is a movie, if it is a song, if it is a photograph, HTML coding or a computer graphic that can be set on paper, recorded on tape or saved to a hard drive, it may be protected. Copyright laws grant the creator the exclusive right to reproduce, prepare derivative works, distribute, perform and display the work publicly. Exclusive means only the creator of such work, not anybody who has access to it and decides to grab it.

Copyright protection begins when any of the above described work is actually created and fixed in a tangible form. This means that as soon as you write an essay, your copyright covering that essay  begins as soon as you set it in tangible form by writing the essay down on paper or even when you save it after entering it into your computer. Your copyright does not begin when you register it. It began when you first created it. Registering a copyright is just taking the protection a step further so as to leave no room for doubt that one is the creator of a work.  In the U.S., registering is necessary before you can collect monetary damages from an infringer, but is not otherwise necessary for protection.  

A general rule to use is that if the work is created, then it is covered by copyright, unless the creator specifically states that it is not or if the work is created by the US Government (which is unable by law to have copyrights in its works or those created by its employees).  

Copyright Basics - This is reprinted from the US Copyright Office, Circular 1.

 

Copyright Registration Procedures - Links are provided to the forms that are used to register the variety of works that are protectable by copyrights.

   

The materials on this website are intended to provide general information and should not be relied upon for specific legal advice. Legal counsel should be consulted regarding questions and issues of protection or infringement of rights, so as to avoid possible loss of rights or infringement of the rights of others.

Home

Copyright 2001 Mark Goldberg  All Rights Reserved.