Copyright laws protect
the owners of creative materials from unauthorized use; that is, infringement,
of his or her work. U.S. copyright laws protect:
- literary works
- musical works,
including any accompanying words
- dramatic works,
including any accompanying music
- pantomimes and
choreographic works
- pictorial, graphic,
and sculptural works
- motion pictures and
other audiovisual works
- sound recordings,
and
- architectural works
Under the Digital
Millennium Copyright Act, signed Oct 28, 1998, the same copyright protections
apply to online computer software, music, movies, and written works.
Infringement is the
violation of any of the exclusive rights of the copyright owner; that is, the
right to reproduce, distribute, modify, perform, and/or prepare derivative
versions of the work. Willful acts of infringement are punishable by statutory
damages and, in some cases, may incur criminal prosecution.
Copyrights take effect
at the time the work is created.
Copyright Notices ©
Copyright notices are
no longer required under U.S. law, although it is often beneficial. Because
prior law contained such a requirement; however, the use of notice is still
relevant to the copyright status of older works.
Copyright notices were
required under the 1976 Copyright Act. But this requirement was eliminated when
the United States adhered to the Berne Convention, effective March 1,
1989.
Using the notice
informs the public that the work is protected by copyright, it identifies the
copyright owner, and shows the year of first publication. In addition, if a work
is infringed, and the proper copyright notice appears on the published copies,
defendants in a copyright infringement suit have no defense based on innocent
infringement (i.e., the infringing party claims that he or she did not realize the work
was protected) in mitigation of actual or statutory damages of the copyright
law.
You can use the
copyright notice on any original works without advance permission from, or
registration with, the Copyright Office.
For more information
regarding copyright law, visit the U.S. Copyright Office website at: http://lcweb.loc.gov/copyright/
