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What is copyright?
Briefly, copyright is a legal device which provides
the owner of the work (e.g., book, manuscript,
software program, artwork, technical drawings,
etc.) exclusive rights over the work, such as
the right to make copies, the right to distribute
copies, the right to make adaptations (prepare
new works based on the underlying work), as well
as the right to perform and/or display the work
in public. Copyright protects an author’s
work only if and to the extent it is original
(i.e., not copied from another’s work).
However, a work need not be entirely new to be
protectable. Certain works are derived from previously
existing works or are compilations of pre-existing
material and become new works of authorship entitled
to copyright protection.
When is a work considered
copyrighted?
Copyright automatically comes into existence the
moment an author fixes his or her work in some
tangible form, e.g., an article is typed, software
code is written.
Who owns copyright in a work?
If a work is created as a "work-for-hire,"
ownership generally goes to the employer (or person
who commissioned the work in certain instances).
Otherwise, ownership remains in the author and
must be expressly assigned.
Is a copyright notice required?
In the past, all published works had to contain
a copyright notice (©,
name of owner, date) to be protected. Now the
use of copyright notice is optional, but it is
always a good idea to include copyright notice
on all published works to warn potential infringers
of your claim to copyright.
Is copyright registration required?
Registration of a work with the U.S. Copyright
Office is not required. However, prompt registration
provides a number of important advantages if it
is ever necessary to go to court to enforce it.
For example, registration makes your copyright
a matter of public record and may provide you
with the ability to collect statutory damages
and attorney fees in the event of litigation.
How much does it cost to
register a work?
Our attorney fee for
preparation and filing of a copyright application,
provided all deposit materials are in order, is
$400 which does
not include the $45 government filing fee.
Certain types of applications, including software, website,
and architectural works generally run about $250 - $300
more due to the strict deposit material requirements.
What are the deposit requirements
when registering a work?
The deposit material required varies depending
on the type of work to be registered and whether
the work has been published. Generally, two copies
of the work are required.
How long does a copyright
last?
A work that is created on or after January 1,
1978, is automatically protected from the moment
of its creation and is ordinarily given a term
enduring for the author's life plus an additional
70 years after the author's death. For works made
for hire, the duration of copyright will be 95
years from publication or 120 years from creation,
whichever is shorter.
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