Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship”, including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
(17 U.S.C. Section 102)
“Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.” – 17 U.S.C, Section 201(a)
For works created after 1978, the duration of ownership is for the life of the author(s) plus seventy (70) years after the author’s death.
For works that are anonymous, pseudonymous, or a work made for hire, the period of time is ninety-five years from the date of first publication, or 120 years from the date of creation, whichever is sooner.
The following symbols are used to show copyright:
(c), © , Copr. or Copyright
Examples:
Without copyright registration, damages are limited to actual damages.
With copyright registration, one can obtain statutory damages, up to $30,000 per infringement for innocent infringement (“I didn’t know I was violating copyright laws”) to $150,000 per infringement for willful infringement (“Copyright? Who cares!) as well as attorney fees; and injunctive relief.
A “work made for hire” is–
(17 U.S.C, Section 201(b))
Bottom line, if you hire an independent contractor to create something for you, make sure there is an agreement that whatever is created is made as “work for hire” and the owner of the copyright will be you.
Not sure if you should be registering a copyright? Perhaps you’re worried about breaking copyright laws? Read more on how we can help your business with intellectual property!
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