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A Very Brief Summary of Copyright Law
Published: October 1, 2008
Author: Robert V. Petershack
Copyright is a form of protection of intellectual property provided by the laws of the United States to authors of "original works of authorship" (i.e., not copied) that are "fixed in a tangible medium of expression" (i.e., written or recorded). Under U.S. copyright law, the owner of a copyright has the exclusive right to (and to authorize others to):
- Copy the work;
- Prepare derivative works based upon the work (e.g., make a movie from a book);
- Distribute copies of the work to the public;
- Perform the work publicly (e.g., movies, theater, dance); and
- Display the work publicly (e.g., for pictorial, graphic, or sculptural works).
When a work is published under the authority of the copyright owner, a notice of copyright may be placed on all publicly distributed copies. The use of the notice is the responsibility of the copyright owner and does not require permission from, or registration with, the U.S. Copyright Office. While copyright registration is not necessary, it provides a number of benefits to the copyright owner. Among these benefits are:
- Registration establishes a public record of the copyright claim;
- Registration is necessary for works of U.S. origin before an infringement suit may be filed in court;
- Registration is prima facie evidence in court of the validity of the copyright if the registration occurs before or within five years of publication;
- If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorneys' fees may be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
As of the date of this writing (October 2008), the U.S. government filing fee for copyright registration is $35 if done electronically and $45 if done on paper. The foregoing fees do not include legal fees.
Use of the copyright notice, while not mandatory, is important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not give any weight to a defendant's claim of an innocent infringement (i.e., where the defendant claims that he or she did not realize that the work was protected by copyright).
The notice for visually perceptible copies should contain three elements. They should appear together or in close proximity on the copies. The elements are:
- The symbol "©" or the word "Copyright";
- The year of first publication of the work; and
- The name of the owner of copyright in the work (example: © 2008 Jane Doe).
If you have any questions concerning copyrights or any other intellectual property or technology transaction matters, please contact Rob Petershack at rvpetershack@axley.com or 608-283-6718, or another member of Axley's Intellectual Property, Technology Transactions & Licensing Group.
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