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The Copyright Act of 1976
After all this time, there still remains some confusion about "what is a copyright" . . . So what is it?
The U.S. copyright law provides a form of protection to anyone who creates "original works of authorship."
It protects literary, musical, dramatic, artistic, and other qualifying creative works. As the author, or creator, you have the exclusive right to reproduce your work, sell your work or display the copyrighted work in public.
It is automatic . . .
The nice thing about the law is that your work is copyrighted the moment you finish for work created after January 1, 1978. By giving it fixed form, your copyright is automatically secured.
The duration . . .
Your work has copyright protection for your lifetime, plus fifty years after your death. Marking your work with a "circle c" or stating a copyright exists is no longer required on your creations.
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ARTIST WORKS QUALIFY
Work eligible for copyright fall into eight categories: Literary works, Musical works, Dramatic works, Pictorial, Graphic, and Sculptural works, Sound recordings, Pantomimes and Choreographic works, Audiovisual works, and Architectural works.
These categories are interpreted very broadly . . . for instance, maps may be registered as pictorial, graphic, and sculptural works; a children's slide can be registered as an architectural work.
When Artists Collaborate . . .
Collaborative work is also eligible for copyright . . . it is co-owned by each of the creators, so each owner has rights to the work. All owners, however, would have to agree to sell for someone else to have exclusive rights to the work. For that and other reasons, it is a good idea to draw up an agreement beforehand.
Commissioned Work . . .
If work was commissioned by others or done while in the employ of others as a part of the job, then the copyright is owned by the employer . . . the creator is considered paid for the work.
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COPYRIGHT REGISTRATION
To file an infringement lawsuit, your copyright must first be registered with the Library of Congress. With a registered copyright, you are entitled to claim actual damages, statutory damages, and attorney's fees as well.
Registration will also allow you to record your ownership with the U. S. Customs Service for protection against the importation of infringing copies.
Registration may be done anytime within the life of the copyright with a $30 filing fee.
Where to Register . . .
Library of Congress Copyright Office
101 Independence Avenue S.E.
Washington, DC 20559-6000
FOR MORE INFORMATION click
U.S. COPYRIGHTS
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