By: Jim Wilson
Copyright protection is on everyone's mind. It seems that as we turn on the radio there is another piece pertaining to it. Turn on the radio and a famous actor or musician is supporting the importance of it. From Youtube and file sharing controversies to movie duplication, copyright is everywhere. In this article we will define copyright and at a high level, look at the reasons why creative individuals would copyright their work and list work types that can be copyrighted. Copyright explained Copyright is a set of limited rights regulating the use of a individual expression of a thought or information. In its simplest form, it is actually "the right to copy" an original creation. Usually, these rights are of restricted time. The mark for copyright is , and in some jurisdictions may alternatively be written as either (c) or (C). The rules of copyright Copyright may apply to a variety of creative, conceptual, or artistic forms or "works". These include poems, theses, theatrical plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, sculptures, photographs, drawings, software, radio and television performances of live and other broadcasts, and, in some regions, industrial designs. Designs or industrial designs may have distinct or intersecting laws applied to them in some countries. Copyright is one of the laws covered by the overarching term 'intellectual property'. Copyright exclusions Copyright law covers only the unique form or manner in which ideas or information have been manifested, the "form of material expression". It is not designed or intended to cover the actual idea, concepts, facts, styles, or mechanics which may be represented by the copyright product. For example, the copyright for the Donald Duck cartoon prevents unauthorized individuals from distributing copies of the cartoon or creating derivative works which mimic the Donald Duck cartoon. But it does not prevent anyone from creating a cartoon duck. As long as it is different enough from Donald Duck. Other laws may demand legal limitations on reproduction or use where copyright doesn't. That's when trademarks and patents can be applied. How long are you protected Copyright has a variety of time periods in different jurisdictions, with different categories of works and the length it endures also depends on whether your work is published or unpublished. In most areas the default duration of copyright for many works is life of the author plus 50 years. The copyright always expires at the end of the year concerned, rather than on the exact date of the death of the author. Public domain So when is a book is in the public domain? In the u.s., all books and other items published before 1923 have expired copyrights and are in the public domain, and all works created by the United states government, regardless of date, enter the public domain upon their creation. But if the intended use of the book includes publication (or distribution of a film based on the book) outside the U.s., the arrangement of copyright around the world must be studied. If the author has been dead more than 70 years, the work is in the public domain in most areas. Can you transfer your copyright Under the U.s. Copyright Act, if you want to transfer ownership of your copyright it must be transferred in writing. No special transfer paperwork is required. A simple written note that lists the work involved and the rights being conceded is adequate. Non-exclusive grants (often called non-exclusive licenses) need not be in writing under United states law. A non-exclusive grant is when you allow someone to utilize your work by giving them your go-ahead. For example, you allow a writer to include a paragraph of your textbook in his work. Your permission can be oral or even implied based on the behavior of all the individuals involved. Transfers of copyright ownership, including exclusive licenses should be formally noted in the U.S. Copyright Office. While recording is not mandated to make the grant effective, it offers important benefits, just like you would get from filing a real estate deed when you buy a property. File your forms You can download the paperwork yourself from the US Copyright Office at www.copyright.gov. This is the cheapest option available, at the time of this writing the US Copyright Office frequently charges $30 per submission. You will need to choose the right form for your work type, but the Copyright Office does a fairly good job of organizing their forms so users can find what they need. Browse through their online Help for assistance on how to fill out the forms and what materials you will need to send in. With a little investigation and work you can do it all yourself. If you need more assistance there are several commercial websites that will help.
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