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Frequently
Asked Questions
What is a copyright?
A copyright is a form of legal protection. Technically, it legally
protects "original works of authorship fixed in any tangible medium
of expression."
Important is that the work must be "original." In other words, it
must be an independent creation (it cannot be someone else's work).
Also, the work must be "fixed." Something is "fixed" if the work
is embodied on a material object. Essentially, it must be recorded
or written in some form.
You can get or claim a copyright if:
1) you are the author of the work (i.e. the creator of the work),
or
2) you derive your rights of the work through the author, such as
through a transfer of ownership, or through a work made-for-hire.
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What are examples of what copyright does and
does not cover?
Copyright Covers:
Literary Works - fiction, nonfiction, manuscripts, poetry,
contributions to collective works, compilations of data or other
literary subject matter, dissertations, theses, reports, speeches,
bound or looseleaf volumes, secure tests, pamphlets, brochures,
textbooks, online works, reference works, directories, catalogs,
advertising copy, single pages of text, tracts, games, automated
databases, computer programs.
Visual Arts - Advertisements, commercial prints, labels; Artificial
flowers and plants; Artwork applied to clothing or to other useful
articles; Bumper stickers, decals, stickers; Cartographic works,
such as maps, globes, relief models; Cartoons, comic strips; Collages;
Dolls, toys; Drawings, paintings, murals; Enamel works; Fabric,
floor, and wallcovering designs; Games, puzzles; Greeting cards,
postcards, stationery; Holograms, computer and laser artwork; Jewelry
designs; Models; Mosaics; Needlework and craft kits; Original prints,
such as engravings, etchings, serigraphs, silk screen prints, woodblock
prints; Patterns for sewing, knitting, crochet, needlework; Photographs,
photomontages; Posters; Record jacket artwork or photography; Relief
and intaglio prints; Reproductions, such as lithographs, collotypes;
Sculpture, such as carvings, ceramics, figurines, maquettes, molds,
relief sculptures; Stained glass designs; Stencils, cut-outs; Technical
drawings, architectural drawings or plans, blueprints, diagrams,
mechanical drawings; Weaving designs, lace designs, tapestries.
Performing Arts - musical works, including any accompanying
words; dramatic works, such as scripts, including any accompanying
music; pantomimes and choreographic works; and motion pictures and
other audiovisual works).
Sound Recordings - are "works that result from the fixation
of a series of musical, spoken, or other sounds, but not including
the sounds accompanying a motion picture or other audiovisual work."
Common examples include recordings of music, drama, or lectures.
Serial Works - periodicals; newspapers; magazines; bulletins;
newsletters; annuals; journals; proceedings of societies.
Copyright Does Not Cover:
Titles, Names, Short Phrases, and Slogans;
Familiar Symbols or Designs;
Mere Variations of Typographic Ornamentation, Lettering, or Coloring;
Mere Listings of Ingredients or Contents Ideas, Procedures, Methods,
Systems, Processes, Concepts, Principles, Discoveries, Or Devices,
As Distinguished From A Description, Explanation, Or Illustration
Works Consisting Entirely Of Information That Is Common Property
And Containing No Original Authorship (For Example: Standard Calendars,
Height And Weight Charts, Tape Measures And Rulers, And Lists Or
Tables Taken From Public Documents Or Other Common Sources)
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Who is entitled to copyright protection?
The copyright in the work of authorship immediately becomes the
property of the author who created the work. Only the author or
those deriving their rights through the author can rightfully claim
copyright.
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What if someone was hired to create a work for
someone else?
This may be known as a "work made for hire." In the case of works
made for hire, the employer and not the employee is considered to
be the author. It may be:
- a work prepared by an employee within the scope of his or her
employment; or
- a work specially ordered or commissioned for use as: a contribution
to a collective work , a part of a motion picture or other audiovisual
work, a translation, a supplementary work, a compilation, an instructional
text, a test, answer material for a test, or an atlas.
- The parties should expressly agree in a written instrument signed
by them that the work shall be considered a work made for hire.
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How long does a copyright last?
If your work was created on or after January 1, 1978, as a general
rule it is automatically protected from the moment of its creation
and is ordinarily given a term enduring for the author's life plus
an additional 70 years after the author's death. In the case of
"a joint work prepared by two or more authors who did not work for
hire," the term lasts for 70 years after the last surviving author's
death. For works made for hire, and for anonymous and pseudonymous
works (unless the author's identity is revealed in Copyright Office
records), the duration of copyright will be 95 years from publication
or 120 years from creation, whichever is shorter.
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Who can use the © symbol?
Owners of the copyrighted work are entitled to use the © symbol.
Registration is not required to use this symbol, and it is not required
to appear on anything, even if you have the copyright. Some people
use the © symbol to announce to the world that they are watching
out for their copyright. Usually the copyright symbol is used with
the author and year of creation as well.
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How is a copyright different from a patent or a
trademark?
Copyright protects original works of authorship, while a patent
protects inventions or discoveries. Ideas and discoveries are not
protected by the copyright law, although the way in which they are
expressed may be. A trademark protects words, phrases, symbols,
or designs identifying the source of the goods or services of one
party and distinguishing them from those of others.
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Can I copyright my website?
Yes, the original authorship appearing on a website may be protected
by copyright. This includes writings, artwork, photographs, and
other forms of authorship protected by copyright.
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Can I copyright my domain name?
No. Copyright law does not protect domain names. The Internet Corporation
for Assigned Names and Numbers (ICANN), a nonprofit organization
that has assumed the responsibility for domain name system management,
administers the assignation of domain names through accredited registers.
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How do I protect my recipe?
A mere listing of ingredients is not protected under copyright law.
However, where a recipe or formula is accompanied by substantial
literary expression in the form of an explanation or directions,
or when there is a collection of recipes as in a cookbook, there
may be a basis for copyright protection. Note that if you have secret
ingredients to a recipe that you do not wish to be revealed, you
should not submit your recipe for registration, because applications
and deposit copies are public records.
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Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be
protected under trademark law.
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Does copyright protect architecture?
Yes. Copyright protection extends to any architectural work created on
or after December 1, 1990. Also, any architectural works that were
unconstructed and embodied in unpublished plans or drawings on that
date and were constructed by December 31, 2002, are eligible for
protection. Architectural designs embodied in buildings constructed
prior to December 1, 1990, are not eligible for copyright protection.
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