Copyright
Copyright means a party has reserved the right to use a particular intellectual property. Someone with copyrights to website content, music, videos, and similar assets can legally transfer those rights to another.
What Is Copyright?
Copyright is the right of ownership assigned to the author of a film, literary piece, artistic creation, or musical material. The person with copyright retains the authority to publish, make copies, distribute, and adapt the work as they wish.
It also grants the originator the right to make money from their creations and receive the correct acknowledgment for their work. Creators can also have the final say in how their original works are used.
You may have noticed the copyright symbol © at the bottom of website pages and in books. This is a declaration that the person has legal rights to that specific tangible asset.
Knowing how copyright works can be critical, especially for those working with media that need to be protected. The consequences of infringing copyright can be serious and far-reaching.
What can copyright protect?
Copyright is used to safeguard authors' expressed original works and material intellectual property. It can be applied to any of the following:
- Paintings
- Books
- Sculptures
- TV shows
- Architectural designs
- Poetry
- Sound recordings
- Novels
- Musical lyrics
- Films
- Website content
- Computer software
Copyright can only protect work that has already been produced.
Theories and concepts can not be copyrighted. Other forms of intellectual property protection, such as patents and trademarks, are used to protect intangible concepts, like a business idea.
Who has the right to register copyright?
The author of creative material has the right to register copyright for their work. They may also pass those rights to heirs and assignees.
Creatives may also pass the right to register copyright to third parties, such as to an authorized agent.
While original creators have automatic copyright rights, it’s still critical to register with the US Copyright Office. Registering provides avenues to fight infringement and recover statutory damages.
How long does copyright last?
Copyright duration depends on when the work was created or first published, and whether the copyright holder is the original creator.
In the US, the author holds copyright for a lifetime plus 70 years for works created after January 1, 1978.
Copyright for work where the creator is not the copyright holder lasts 95 years since publication or 120 years since creation. Such material includes anonymous and pseudonymous creations and work made for hire.
How Do You Register Copyright?
You can register copyright online or in person at the US Copyright Office. You will need to complete the following steps:
- Obtain the appropriate form (literary/visual/musical, etc.)
- Complete the copyright application form
- Pay the registration fee
- Deposit a non-returnable copy of the work
- Submit the papers in person or online via Electronic Copyright Office (eCO)
Copyright registration is not a requirement, as original work is automatically protected. However, registering allows you to make public records and sue for copyright infringement.
Can copyright be transferred?
Yes, it’s possible to transfer copyright to another party through a simple contract. You may transfer part or all of your copyrights. Authors may use work-for-hire agreements or contract transfer agreements (CTAs) to transfer copyright to another party.
However, a non-exclusivity license can make the transfer without official contracts. These copyrights allow the author to permit the use by others without granting exclusivity.
Copyrights may also transfer through inheritance as stated in a will or by the operation of bankruptcy law.
What Is Copyright Infringement?
Copyright infringement is the use of copyrighted material without permission. Unauthorized use includes displaying, distributing, and reproducing someone’s work without obtaining the rights to do so.
Examples of copyright infringement include the following:
- Downloading music or movies from unauthorized websites
- Using copyrighted music in the background of your video without permission
- Uploading someone else’s photographs to your website
- Making copies of, printing, and selling copies of a book without the author’s permission
Copyright fraud can result in civil and criminal lawsuits. If you’re found to have committed copyright infringement, you may have to pay penalties for damages. Criminal charges can land you in prison if you deliberately sought to make money from the infringement.
Can copyright-protected work be used without infringement?
In the majority of cases, copyright can only be used with the permission of the copyright holder. However, it’s possible to use copyrighted material in certain ways that do not infringe on the holder’s rights.
Under fair use terms of copyright law (17 U.S.C. §107), there are some loopholes. It allows the free reproduction of a copyrighted work depending on the:
- Purpose and character of the reproduction’s use
- Type of copyrighted work being used
- Extent of preexisting reproduction of the material in its entirety
- Effect this reproduction has on the market value of the original work
The exceptions allow you to use copyrighted material for parody, criticism, commentary, research, and more.
You may still have to declare that you are using the material under the Fair Use Act. Copyright holders may still call you to task if they feel you have infringed on their rights.
In many cases, it’s best to seek the permission of the holder first or to get legal advice before reproducing protected material. This is especially true online.
Laws such as the Digital Millennium Copyright Act (DMCA) have expanded creators’ ability to police the use of their digital work.
Copyright Vs. Trademark
Copyright and trademarks have a few similarities. However, in function, they work quite differently from one another.
Trademarks are designed for commercial use to protect the image and identity of a corporation or business. Companies use them to prevent unauthorized copycats. With trademarks, they can protect all branded items.
By claiming a brand or logo or registering an official trademark with the US Patent and Trademark Office (USPTO), organizations can legally safeguard their image and reputation.
A trademark can be used to cover many elements that are used to identify a business and its output. These include logos, slogans, symbols, company colors, and branded items.
Copyright Vs. Patents
Patents and copyright both protect intellectual property, although in quite distinct ways.
Copyright typically covers artistic and creative works. Patents protect inventions and also provide owners with the authority to decide who may sell, use, or manufacture their concept.
Only certain items are qualified patents under USPTO rules. Some examples of patentable inventions include:
- Drugs
- Jewelry
- Medical devices
- Musical instruments
- Chemical formulas
- Computer software
- New plant and animal breeds
- Fabric and fabric design
- Genetically modified bacteria
By comparison to copyright, patents usually cover an idea for shorter periods. Furthermore, patents typically have a product focus rather than an artistic one. They are more commonly used for industrial processes, machinery, and manufacturing and chemical compositions.
Helpful Resources:
Copyright means a party has reserved the right to use a particular intellectual property. Someone with copyrights to website content, music, videos, and similar assets can legally transfer those rights to another.
What Is Copyright?
Copyright is the right of ownership assigned to the author of a film, literary piece, artistic creation, or musical material. The person with copyright retains the authority to publish, make copies, distribute, and adapt the work as they wish.
It also grants the originator the right to make money from their creations and receive the correct acknowledgment for their work. Creators can also have the final say in how their original works are used.
You may have noticed the copyright symbol © at the bottom of website pages and in books. This is a declaration that the person has legal rights to that specific tangible asset.
Knowing how copyright works can be critical, especially for those working with media that need to be protected. The consequences of infringing copyright can be serious and far-reaching.
What can copyright protect?
Copyright is used to safeguard authors' expressed original works and material intellectual property. It can be applied to any of the following:
- Paintings
- Books
- Sculptures
- TV shows
- Architectural designs
- Poetry
- Sound recordings
- Novels
- Musical lyrics
- Films
- Website content
- Computer software
Copyright can only protect work that has already been produced.
Theories and concepts can not be copyrighted. Other forms of intellectual property protection, such as patents and trademarks, are used to protect intangible concepts, like a business idea.
Who has the right to register copyright?
The author of creative material has the right to register copyright for their work. They may also pass those rights to heirs and assignees.
Creatives may also pass the right to register copyright to third parties, such as to an authorized agent.
While original creators have automatic copyright rights, it’s still critical to register with the US Copyright Office. Registering provides avenues to fight infringement and recover statutory damages.
How long does copyright last?
Copyright duration depends on when the work was created or first published, and whether the copyright holder is the original creator.
In the US, the author holds copyright for a lifetime plus 70 years for works created after January 1, 1978.
Copyright for work where the creator is not the copyright holder lasts 95 years since publication or 120 years since creation. Such material includes anonymous and pseudonymous creations and work made for hire.
How Do You Register Copyright?
You can register copyright online or in person at the US Copyright Office. You will need to complete the following steps:
- Obtain the appropriate form (literary/visual/musical, etc.)
- Complete the copyright application form
- Pay the registration fee
- Deposit a non-returnable copy of the work
- Submit the papers in person or online via Electronic Copyright Office (eCO)
Copyright registration is not a requirement, as original work is automatically protected. However, registering allows you to make public records and sue for copyright infringement.
Can copyright be transferred?
Yes, it’s possible to transfer copyright to another party through a simple contract. You may transfer part or all of your copyrights. Authors may use work-for-hire agreements or contract transfer agreements (CTAs) to transfer copyright to another party.
However, a non-exclusivity license can make the transfer without official contracts. These copyrights allow the author to permit the use by others without granting exclusivity.
Copyrights may also transfer through inheritance as stated in a will or by the operation of bankruptcy law.
What Is Copyright Infringement?
Copyright infringement is the use of copyrighted material without permission. Unauthorized use includes displaying, distributing, and reproducing someone’s work without obtaining the rights to do so.
Examples of copyright infringement include the following:
- Downloading music or movies from unauthorized websites
- Using copyrighted music in the background of your video without permission
- Uploading someone else’s photographs to your website
- Making copies of, printing, and selling copies of a book without the author’s permission
Copyright fraud can result in civil and criminal lawsuits. If you’re found to have committed copyright infringement, you may have to pay penalties for damages. Criminal charges can land you in prison if you deliberately sought to make money from the infringement.
Can copyright-protected work be used without infringement?
In the majority of cases, copyright can only be used with the permission of the copyright holder. However, it’s possible to use copyrighted material in certain ways that do not infringe on the holder’s rights.
Under fair use terms of copyright law (17 U.S.C. §107), there are some loopholes. It allows the free reproduction of a copyrighted work depending on the:
- Purpose and character of the reproduction’s use
- Type of copyrighted work being used
- Extent of preexisting reproduction of the material in its entirety
- Effect this reproduction has on the market value of the original work
The exceptions allow you to use copyrighted material for parody, criticism, commentary, research, and more.
You may still have to declare that you are using the material under the Fair Use Act. Copyright holders may still call you to task if they feel you have infringed on their rights.
In many cases, it’s best to seek the permission of the holder first or to get legal advice before reproducing protected material. This is especially true online.
Laws such as the Digital Millennium Copyright Act (DMCA) have expanded creators’ ability to police the use of their digital work.
Copyright Vs. Trademark
Copyright and trademarks have a few similarities. However, in function, they work quite differently from one another.
Trademarks are designed for commercial use to protect the image and identity of a corporation or business. Companies use them to prevent unauthorized copycats. With trademarks, they can protect all branded items.
By claiming a brand or logo or registering an official trademark with the US Patent and Trademark Office (USPTO), organizations can legally safeguard their image and reputation.
A trademark can be used to cover many elements that are used to identify a business and its output. These include logos, slogans, symbols, company colors, and branded items.
Copyright Vs. Patents
Patents and copyright both protect intellectual property, although in quite distinct ways.
Copyright typically covers artistic and creative works. Patents protect inventions and also provide owners with the authority to decide who may sell, use, or manufacture their concept.
Only certain items are qualified patents under USPTO rules. Some examples of patentable inventions include:
- Drugs
- Jewelry
- Medical devices
- Musical instruments
- Chemical formulas
- Computer software
- New plant and animal breeds
- Fabric and fabric design
- Genetically modified bacteria
By comparison to copyright, patents usually cover an idea for shorter periods. Furthermore, patents typically have a product focus rather than an artistic one. They are more commonly used for industrial processes, machinery, and manufacturing and chemical compositions.
Helpful Resources: