Copyright Basics
What is a 'copyright'?
Copyright is a form of intellectual property in which original works of authorship are protected.
Do I have to apply for a copyright to retain ownership of the work I create?
Unlike patents and trademarks, you do not have to file for a copyright in order to obtain a copyright. Copyrights are created upon the creation of whatever it is, primarily if it is books, music, films, and things like that. Copyrights actually exist at the moment you create it. However, in order to enforce your copyright, you do have to file for a copyright.
What is the process for registering a copyright?
The process for filing for a copyright is relatively simple. You file with the United States Copyright Office and your copyright is reinforced.
What rights are established by a copyright?
There's approximately seven rights associated with copyrights. But primarily it allows the author of original works of authorship to use his rights in any way that he wants. Thereafter, if he chooses to, he can license those rights out.
Can I copyright all of my great ideas?
People are really confused when it comes to patents, trademarks, and copyrights. Ideas can not be copyrighted, in fact ideas can not be patented either. With copyrights though, you really need to have some kind of form of expression of what they say. It has to be fixed to either paper, or music, or film, or to some tangible medium of expression in order to file for a copyright.
How long does a copyright last?
The term of a copyright will vary. This has been changing for years actually, but generally the term of the copyright is 75 years plus the life of the author.
What is a 'fair use limitation'?
Fair use is an exception or a defence to copyright infringement. It allows individuals to possibly use copyrighted material, as long as they're using it in a particular manner and a particular way. For example, educators in an educational setting may be able to use copyrighted materials, and of course there's always exceptions to the rules, but they can do so because they're doing so in furtherance of education. There's a similar fair use exception with news reporters as if something is newsworthy, they may be allowed to use portions of copyrighted materials. However, there are exceptions to the rules when they need to consult an attorney, and this is fair use limitation.
Can teachers distribute photocopied materials at school?
A teacher may be able to copy certain portions of a book. This also falls under what's called the fair use exception to copyrights. This allows educators or individuals involved in news reporting to be allowed to use copyrighted materials. However, there are exceptions and the process of using copyrighted material must be done in a particular way.
Can original computer software be protected by copyright and patent?
Software can be copyrighted. The actual code of the software may be copyrighted as long as its the original work of authorship. However, you have to keep in mind that smear, abstract ideas or principles cannot be patented, nor can it be copyrighted like software.
What is the 'Digital Millennium Copyright Act'?
The DMCA, or Digital Millennium Copyright Act is a statute. The primary purpose of it is to allow non-liability to ISPs, or Internet Service Providers. So if there's infringers out there in cyberspace and they're posting their infringed material on the internet, in the past a lot of these ISPs got sued for copyright infringement. The Digital Millennium Act gave a type of safe harbour to these ISPs, protecting them from copyright infringement liability.
