Copyright Overview- Part 1

 Many people don't fully understand what copyright is, what it protects, and how it functions. Copyright is a crucial aspect of intellectual property law that safeguards the rights of authors and creators, but misconceptions often lead to confusion. This article is the first in a series of three posts designed to break down the complexities of copyright, making it easier to grasp for everyone, from budding authors to seasoned professionals.

Copyright Overview

Copyright is a legal protection granted in the United States to authors of "original works of authorship" that are fixed in a tangible medium. An original work must be independently created and exhibit a minimal degree of creativity. A work is considered "fixed" when it is captured in a permanent form that allows it to be perceived, reproduced, or communicated over time. Copyright protection is automatic upon fixation of the work; however, it is important to note that in the US, you must register your copyright in order to sue someone for infringement.

What Works Are Protected?

Copyright protection covers a variety of works, including:

- Literary works (books and other forms of literature, including website copy)

- Musical works (including accompanying lyrics)

- Dramatic works (with or without music)

- Pantomimes and choreographic works

- Pictorial, graphic, and sculptural works

- Motion pictures and audiovisual works

- Sound recordings (comprising musical, spoken, or other sounds)

- Architectural works

These categories can be interpreted broadly, allowing for the registration of computer programs (coding written for apps) as literary works and maps/technical drawings as pictorial works.

Rights of a Copyright Owner

Copyright grants the owner exclusive rights to:

- Reproduce the work in copies or phonorecords

- Prepare derivative works based on the original

- Distribute copies or phonorecords to the public

- Perform the work publicly (for literary, musical, dramatic, or choreographic works)

- Display the work publicly (for specific types of works)

- Perform the work publicly via digital audio transmission (for sound recordings)

The copyright owner can also authorize others to exercise these rights, subject to statutory limitations.

What Is Not Protected by Copyright?

Copyright does not extend to:

- Ideas, procedures, methods, systems, or discoveries

- Works not fixed in a tangible form (e.g., unnotated choreography)

- Titles, names, short phrases, and slogans

- Familiar symbols or designs

- Variations of typographic ornamentation or coloring

- Listings of ingredients or contents

Who Can Claim Copyright?

The initial copyright belongs to the author(s) who created the work. In cases where multiple authors collaborate, they are considered joint authors with a shared interest in the work. In collective works, each author's contributions remain distinct.

An important exception is "works made for hire," where the hiring party is regarded as the author and copyright owner, rather than the individual creator. A work may be classified as made for hire if:

1. Created by an employee as part of their regular duties.

2. There is a written agreement stating the work is considered a "work made for hire" for specific uses (e.g., compilations, translations, instructional texts, etc.).

Understanding the concept of work made for hire is crucial due to its implications for both creators and hiring parties.

How Long Does a Copyright Last?

For the purpose of this article, we are limiting the discussion to works created on or after January 1, 1978. In the United States, copyright protection for these works lasts for the life of the author plus an additional 70 years. For works created by multiple authors, the copyright duration extends 70 years after the death of the last surviving author. If a work is created for hire, the copyright lasts either 95 years from publication or 120 years from creation, whichever comes first. After these periods, the work enters the public domain.

Understanding copyright is essential for anyone involved in the creation of original works. With the foundational knowledge we've covered in this article, you're now better equipped to navigate the complexities of intellectual property.

Stay tuned for our next post, where we will delve into the importance of registering your copyright, the benefits that come with it, and the registration process itself. Protecting your creative endeavors is crucial, and we’re here to guide you every step of the way!

At Mortimer Legal, PLLC, we specialize in navigating the complexities of copyright law. Whether you need guidance on registration, publication, or enforcement, we are here to help. Schedule a free 20-minute discovery call with us today by clicking the link, and take the first step towards securing your creative legacy.