Copyright

Copyright protects expression.

Copyright law provides an author protection over their creative works. A creative work comes under the protection of copyright laws if the work is a) original, and b) fixed in a tangible form.

A copyright allows an author to control the duplication, distribution, updates and pricing of their creative work. An author’s creative endeavors are rewarded with a temporary monopoly, with limited exceptions, for enriching the general public. The following are examples of what is protected by copyright.

• A website’s contents including text and graphics,
• Written works such as books, manuscripts, articles, newsletters, and journals,
• Music sound recordings, lyrics and arrangement, and
• Computer programs, sculptures, plays, architectural designs, recipes, etc.

What is not protectable:

Generally, while ideas and facts are not copyrightable, the expression or arrangement of such is copyrightable. Also, where a useful article exists to simply serve a function, then copyright protection is not available. However, where particular features of a creation stand independently of the utilitarian aspects, then the creation may receive copyright protection. For instance, imagine the base of a lamp sculptured into a three dimensional city skyline evincing strong artistic craftsmanship, and the remainder of the lamp constructed simply to illuminate. In this case, the sculptured base is physically separable from the utility of the lamp, and therefore, the three dimensional sculpture is copyrightable.

This same analysis that conceptually parcels out the function from the artistic features can be applied to nearly every industry including fashion, automobiles, buildings, and the like to determine whether an article is copyrightable. Finally, for works that have fallen into the public domain, or do not meet either of the two elements of a copyright are also not protectable.

Advantages of Copyright Registration:

• Statutory damages of at least $750 or up to $150,000 depending on whether there was willful infringement plus attorney’s fees.
• Registration establishes a public record of the creative work.
• Receive a Certificate of Registration for protection of a copyright.
• Registration made prior to or within five years of publication establishes prima facie evidence of the validity of the copyright
• Registration is a prerequisite for filing a copyright infringement suit.

How is an Author´s rights transferred under Copyright?

Copyright ownership can be transferred by contract. Specifically, a copyright interest may be transferred by assignment or license, both of which should be recorded in the Copyright Office. If the contract fails to reserve any of the author’s interest in the copyrightable work, then the author will have to ask for permission to use the work she created, unless the use is one of the statutory exemptions in copyright law.