Copyright Basics

 

FOUNDATIONAL COPYRIGHT PRINCIPLES – THE LAW

 

What is copyright?

 Copyright is one of the intellectual properties protected by law.

•  Trademark – identifies goods or services
•  Patent – protects inventions
•  Trade secrets – protects “know how”
• Copyright – protects works of authorship

 “Works of Authorship”

• Literary works
• Musical works – 3 parts
•        Lyrics
•        Musical notation
•         Sound recording
• Dramatic works
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works
• Computer programs

 

Key Elements of Copyright Protection – original, creative and in fixed form

 Two Important Concepts – ideas and facts are not copyrightable!

 Five Exclusive Rights of a Copyright Owner

• To reproduce a work
• To prepare derivative works
• To distribute a work
• To publicly perform a work
• To publicly display a work

 

Term of Copyright

Current law – After January 1, 1978 (upon CREATION and in fixed form

• Author – life of the author plus 70 years
• Corporate entity (would include a church) – 95 years from publication or 120 years from creation whichever is first

 Prior to January 1, 1978 (upon PUBLICATION)

• Term of copyright – period of time and period of time if renewed – could be as much as 95 years

 

Public Domain – not protected by copyright

• works with expired copyrights
• works dedicated to the public
• works by federal government officials and employees

 

 

 

 When Works Pass into the Public Domain in the United States

 

DATE OF WORK	PROTECTION BEGINS	TERM (LENGTH) OF PROTECTION
Published before 1923	Now in the public domain	None.
Published between 1923 and the end of 1963	When published with notice	28 years for first term, could be renewed for 47 years (now extended by 20 years for total renewal of 67 years).  If not renewed, now in the public domain.
Published between 1964 and 1977	When published with notice	28 years for first term; now automatic extension of 67 years for second term.
Created before 1-1-78, but not published	1-1-78	Life of author + 70 years or 12-31-2002, whichever is greater.
Created before 1-1-78, but published between 1-1-78 and 12-31-2002	1-1-78	Life of author + 70 years or 12-31-2047, whichever is greater.
Created 1-1-78 or after	When work is fixed in tangible form	Life of author + 70 years (if corporate authorship, the shorter of 95 years from publication or 120 years from creation).