Copyright is complex.
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Protection under the copyright law (title 17 of the United States Code, section 102) extends only to “original works of authorship” that are fixed in a tangible form (a copy). “Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.
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How to Secure a Copyright
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following note.) There are, however, certain definite advantages to registration. See “Copyright Registration.”
Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the “work”) can be fixed in sheet music (“copies”) or in phonograph disks (“phonorecords”), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.
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Use of the Copyright Notice
Copyright is a form of protection provided by the laws of the United States to authors of “original works of authorship.” When a work is published under the authority of the copyright owner (see definition of “publication” below), a notice of copyright may be placed on all publicly distributed copies or phonorecords. The use of the notice is the responsibility of the copyright owner and does not require permission from, or registration with, the Copyright Office.
Use of the notice may be 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 interposition of an innocent infringement defense—that is, that he or she did not realize that the work was protected. An innocent infringement defense may result in a reduction in damages that the copyright owner would otherwise receive.
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Mandatory Deposit in Brief
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All works under copyright protection that are published in the United States are subject to the mandatory deposit provision of the copyright law.
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This law requires that two copies of the best edition of every copyrightable work published in the United States be sent to the Copyright Office within 3 months of publication.
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The law also requires that the deposit be made automatically.
* Mandatory deposit also applies to foreign works at the point where they are published in the United States through the distribution of copies that are either imported or are part of an American edition.
Mandatory Deposit Requirements
On January 1, 1978, all works published with a notice of copyright in the United States became subject to the mandatory deposit requirements of the United States Copyright Act (title 17, United States Code). These requirements are similar to the “legal deposit” or “depot legal” laws in effect in other countries.
On March 1, 1989, the qualification “with notice of copyright” was eliminated from the mandatory deposit provision. This change was made in Public Law 100-568, the Berne Convention Implementation Act of 1988. As a result of this change, all works under copyright protection and published in the United States on or after March 1, 1989, are subject to mandatory deposit whether published with or without a notice.
The mandatory deposit provision ensures that the Copyright Office is entitled to receive copies of every copyrightable work published in the United States. Section 704 of the Copyright Act states that these deposits “are available to the Library of Congress for its collections, or for exchange or transfer to any other library.”
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Who May File an Application Form?
The following persons are legally entitled to submit an application form:
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The author. This is either the person who actually created the work or, if the work was made for hire, the employer or other person for whom the work was prepared.
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The copyright claimant. The copyright claimant is defined in Copyright Office regulations as either the author of the work or a person or organization that has obtained ownership of all the rights under the copyright initially belonging to the author. This category includes a person or organization who has obtained by contract the right to claim legal title to the copyright in an application for copyright registration.
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The owner of exclusive right(s). Under the law, any of the exclusive rights that make up a copyright and any subdivision of them can be transferred and owned separately, even though the transfer may be limited in time or place of effect. The term “copyright owner” with respect to any one of the exclusive rights contained in a copyright refers to the owner of that particular right. Any owner of an exclusive right may apply for registration of a claim in the work.
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The duly authorized agent of such author, other copyright claimant, or owner of exclusive right(s). Any person authorized to act on behalf of the author, other copyright claimant, or owner of exclusive rights may apply for registration.
There is no requirement that applications be prepared or filed by an attorney.
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What Works Are Protected?
Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works
These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”
What Is Not Protected by Copyright?
Several categories of material are generally not eligible for federal copyright protection. These include among others:
* Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
* 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)
From:
http://www.copyright.gov/circs/circ1.html
So, when you create a covered item, you automatically have a copyright. If you publish the item (“original works of authorship” that are fixed in a tangible form of expression) then you are required to register two copies of the work with the U.S. Copyright Office within three months so that you have a clear legal standing and can use the Copyright mark. I'm thinking that if you publish, say poetry, here, it is your creation, but to make a claim of it, you would need to send copies, with appropriate forms and fees to the U.S. Copyright Office. If you don't, then I think Alex might be able to claim ownership by means of "contract" by agreement to the TOS (not that I think he would, by the way).
See also:
http://www.copyright.gov/
15 Oct 2008, 6:03 pm
