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| Q |
What does
copyright protect? |
| A |
Copyright,
a form of intellectual property law, protects original
works of authorship including literary, dramatic, musical,
and artistic works such as poetry, novels, movies, songs,
computer software and architecture. Copyright does not
protect facts, ideas, systems, or methods of operation,
although it may protect the way these things are expressed.
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| Q |
When is my
work protected? |
| A |
Your work is under copyright protection
the moment it is created and fixed in a tangible form
so that it is perceptible either directly or with the
aid of a machine or device. >>back
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| Q |
Do I have
to register to be protected? |
| A |
No. In general, registration is
voluntary. Copyright exists from the moment the work
is created. You will have to register, however, if you
wish to bring a lawsuit for infringement of a U.S. work.
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| Q |
Why should
I register my work if copyright protection is automatic?
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| A |
Registration is recommended for
a number of reasons. Many choose to register their works
because they wish to have the facts of their copyright
on the public record and have a certificate of registration.
Registered works may be eligible for statutory damages
and attorney's fees in successful litigation. Finally,
if registration occurs within five years of publication,
it is considered prima facie evidence in a court of
law. >>back
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| Q |
How do I register
my copyright? |
| A |
To register a work, a completed
application form is submitted to the U.S. Copyright
office, along with a non-refundable filing fee of $30,
and a non-returnable copy or copies of the work to be
registered. >>back
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| Q |
How long does the registration process
take?
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| A |
The time the Copyright Office requires
to process an application varies, depending on the amount
of material the Office is receiving. You may generally
expect a certificate of registration within approximately
8 months of submission . >>back
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| Q |
What is a
deposit? |
| A |
A deposit is usually one copy (if
unpublished) or two copies (if published) of the work
to be registered for copyright. In certain cases such
as works of the visual arts, identifying material such
as a photograph may be used instead. The deposit is
sent with the application and fee and becomes the property
of the Library of Congress. >>back
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| Q |
Do I have
to send in my work? Do I get it back? |
| A |
Yes, you
must send the required copy or copies of the work to be
registered. These copies will not be returned. Upon their
deposit in the Copyright Office, under sections 407 and
408 of the Copyright law, all copies, phonorecords, and
identifying material, including those deposited in connection
with claims that have been refused registration, are the
property of the United States Government. >>back
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| Q |
May
I register more than one work on the same application?
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| A |
You may
register unpublished works as a collection on one application
with one title for the entire collection if certain conditions
are met. Published works may only be registered as a collection
if they were actually first published as a collection
and if other requirements have been met. >>back
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| Q |
Do I have
to renew my copyright? |
| A |
No. Works
created on or after January 1, 1978, are not subject to
renewal registration. As to works published or registered
prior to January 1, 1978, renewal registration is optional
after 28 years but does provide certain legal advantages.
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| Q |
How do I protect
my recipe? |
| A |
A mere listing of ingredients is
not protected under copyright law. However, where a
recipe or formula is accompanied by substantial literary
expression in the form of an explanation or directions,
or when there is a collection of recipes as in a cookbook,
there may be a basis for copyright protection. >>back
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| Q |
Does copyright
now protect architecture? |
| A |
Yes. Architectural
works became subject to copyright protection on December
1, 1990. The copyright law defines "architectural
work" as "the design of a building embodied
in any tangible medium of expression, including a building,
architectural plans, or drawings." Copyright protection
extends to any architectural work created on or after
December 1, 1990, and any architectural work that on December
1, 1990, was unconstructed and embodied in unpublished
plans or drawings. Architectural works embodied in buildings
constructed prior to December 1, 1990, are not eligible
for copyright protection. >>back
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| Q |
Can foreigners
register their works in the U.S.? |
| A |
Any work
that is protected by U.S. copyright law can be registered.
This includes many works of foreign origin. All works
that are unpublished, regardless of the nationality of
the author, are protected in the United States. Works
that are first published in the United States or in a
country with which we have a copyright treaty or that
are created by a citizen or domiciliary of a country with
which we have a copyright treaty are also protected and
may therefore be registered with the U.S. Copyright Office.
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| Q |
Who is an
author? |
| A |
Under the
copyright law, the creator of the original expression
in a work is its author. The author is also the owner
of copyright unless there is a written agreement by which
the author assigns the copyright to another person or
entity, such as a publisher. In cases of works made for
hire, the employer or commissioning party is considered
to be the author. >>back
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| Q |
What is a
work made for hire? |
| A |
Although
the general rule is that the person who creates the work
is its author, there is an exception to that principle;
the exception is a work made for hire, which is a work
prepared by an employee within the scope of his or her
employment; or a work specially ordered or commissioned
in certain specified circumstances. When a work qualifies
as a work made for hire, the employer or commissioning
party is considered to be the author. >>back
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| Q |
Can a minor
claim copyright? |
| A |
Minors
may claim copyright, and the Copyright Office does issue
registrations to minors, but state laws may regulate the
business dealings involving copyrights owned by minors.
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| Q |
What is publication?
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| A |
Publication
has a technical meaning in copyright law. According to
the statute, "Publication is the distribution of
copies or phonorecords of a work to the public by sale
or other transfer of ownership, or by rental, lease, or
lending. The offering to distribute copies or phonorecords
to a group of persons for purposes of further distribution,
public performance, or public display constitutes publication.
A public performance or display of a work does not of
itself constitute publication." Generally, publication
occurs on the date on which copies of the work are first
made available to the public. >>back
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| Q |
Does my work
have to be published to be protected? |
| A |
Publication
is not necessary for copyright protection. >>back
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| Q |
How do I get
my work published? |
| A |
Publication
occurs at the discretion and initiative of the copyright
owner. The Copyright Office has no role in the publication
process. >>back
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| Q |
Are copyrights
transferable? |
| A |
Yes. Like
any other property, all or part of the rights in a work
may be transferred by the owner to another. >>back
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| Q |
How do I
copyright a name, title, slogan or logo? |
| A |
Copyright
does not protect names, titles, slogans, or short phrases.
In some cases, these things may be protected as trademarks.
However, copyright protection may be available for logo
art work that contains sufficient authorship. In some
circumstances, an artistic logo may also be protected
as a trademark. >>back
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| Q |
How do I protect
my idea? |
| A |
Copyright
does not protect ideas, concepts, systems, or methods
of doing something. You may express your ideas in writing
or drawings and claim copyright in your description, but
be aware that copyright will not protect the idea itself
as revealed in your written or artistic work. >>back
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| Q |
How long does
copyright last? |
| A |
- For works created after January 1, 1978, copyright
protection will endure for the life of the author
plus an additional 70 years. In the case of a joint
work, the term lasts for 70 years after the last surviving
author's death. For anonymous and pseudonymous works
and works made for hire, the term will be 95 years
from the year of first publication or 120 years from
the year of creation, whichever expires first;
- For works created but not published or registered
before January 1, 1978, the term endures for life
of the author plus 70 years, but in no case will expire
earlier than December 31, 2002. If the work is published
before December 31, 2002, the term will not expire
before December 31, 2047;
- For pre-1978 works still in their original or renewal
term of copyright, the total term is extended to 95
years from the date that copyright was originally
secured.
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| Q |
What is a
copyright notice? How do I put a copyright notice on my
work? |
| A |
A copyright
notice is an identifier placed on copies of the work to
inform the world of copyright ownership. While use of
a copyright notice was once required as a condition of
copyright protection, it is now optional. Use of the notice
is the responsibility of the copyright owner and does
not require advance permission from, or registration with,
the Copyright Office. >>back
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| Q |
Is my copyright
good in other countries? |
| A |
The United
States has copyright relations with more than 100 countries
throughout the world, and as a result of these agreements,
we honor each other's citizens' copyrights. However, the
United States does not have such copyright relationships
with every country. >>back
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