COPYRIGHT TUTORIAL

A copyright is a form of protection provided to the authors of original works of authorship.  The subject matter of copyright includes literary, dramatic, musical, artistic, audiovisual, architectural, and certain other intellectual works.  The owner of the copyright has the exclusive right to reproduce, adapt, distribute, publicly perform, and publicly display the work, and to produce or license derivatives of the work. 

The exclusive rights of the copyright owner are limited under the "fair use" doctrine.  Criticism, comment, news reporting, teaching, scholarship, and research are examples of uses that may be eligible for the fair use defense.  Another limitation takes the form of a "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.  In addition, The Copyright Act also contains a number of statutory limitations covering specific uses for educational, religious, and charitable purposes. 

No publication or registration is required to secure copyright.  Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a “copy or a phonorecord for the first time.”  For example, a song can be fixed in sheet music or on a CD, or both.  Although registration with the Copyright Office is not required to secure protection, it is highly recommended for the following reasons:

• Registration establishes a public record of the copyright claim.
• Registration is necessary before an infringement suit may be filed in court.
• If made before or within 5 years of publication, registration establishes prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.  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, a proper notice of copyright eliminates the innocent infringement defense.  Some basic, but not comprehensive copyright marking principles are provided below.

• Notice for Visually Perceptible Copies must include:
• The symbol ©, or the word “Copyright,” or the abbreviation “Copr.”;
• The year of first publication; and
• The name of the copyright owner.

  Example: © 2007 Joe Author

• Notice for Phonorecords of Sound Recordings must include:
• The symbol ;
• The year of first publication; and
• The name of the copyright owner.

  Example:  2007 ACME Records, Inc.

The copyright owner may wish to place a copyright notice on any unpublished copies or phonorecords that leave his control.

Example: Unpublished work © 2007 Joe Author

The length of a copyright depends on when the work was created, published, and/or registered, and on whether the work was created by an individual, more than one individual, or by an employee or at the direction of another person or company.

• For works created on or after January 1, 1978,
• For works created by an individual author, copyright protection begins at the moment of creation and lasts for a period of 70 years after the author's death. 
• For joint works created by two or more authors, copyright protection begins at the moment of creation and lasts for 70 years after the last surviving author's death.
• For works made for hire, and for anonymous and pseudonymous works, copyright protection generally lasts for 95 years from publication or 120 years from creation, whichever is shorter.
• For works created and published before January 1, 1978:
• For works protected under the 1909 Copyright Act, protection begins with the first publication of the work and lasts for a period of 28 years – renewable for an additional term of 28 years, for a total term of protection of 56 years.
• In 1976, Congress extended the renewal term to 47 years, increasing the total possible term of protection to 75 years.
• In 1998, Congress again extended the renewal term to 67 years, for a total possible term of protection of 95 years from publication.
• For works created before, but not published or registered by January 1, 1978, copyright lasts for 70 years after the author’s death, or at least through December 31, 2002.
• For works published on or before December 31, 2002, the term of copyright lasts through December 31, 2002, the term of copyright lasts through December 31, 2047

Richard J. Hepner Attorney & Counselor At Law Juris Doctor - M.B.A. - B.S.M.E. Voice: (949) 280-4800 FAX: (866) 663-2635 inquiries@hepnerlaw.com

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