Copyright law protects "original works of authorship fixed in any tangible medium of expression." (U.S. Code, Title 17, Section 102) Copyright law balances the rights of authors of original works to profit from their creativity and the rights of the public to learn from, build upon, and enjoy the works.
According to the 2004 edition of Copyright Industries in the U.S. Economy, by Stephen Siwek, the "core" U.S. copyright industries accounted for 6% of the U.S. Gross Domestic Product ($626.2 billion) in 2002. (The report defines "core" industries as newspapers, book publishing, recording, music, periodicals, motion pictures, radio and TV broadcasts, and computer software.
What can be copyrighted? Generally, the author of the work is considered the copyright owner, but of course there are exceptions. In cases of multiple people collaborating to create a work, each person is co-owner of the copyright. If a person creates a work as part of their employment duties, the employer is the owner of the copyright. If the work was requested or ordered outside an employment relationship (i.e., pursuant to an independent contractor relationship), the author (independent contractor) will own the cocpyright unless the person ordering the work and the author agree in a written contract that the work is a work made for hire and the person ordering the work will own the copyright.
Protection arises when the work is original and fixed in a tangible medium of expression. However, by registering the work with the United States Copyright Office, the author obtains additional rights and benefits, including establishing a public record of the copyrighted material, enjoying certain presumptions in copyright infringement litigation, and having the possibility of additional compensation for damages and attorneys' fees in copyright infringement litigation.
The copyright begins at the time the work is transfixed in a tangible medium and continues throughout the life of the author, plus 70 years after the author's death. (If the work was created before 1978, the author is anonymous, or the work is "work for hire," different rules apply.)
The "©" is the copyright notice, which should be accompanied by the year of the first publication of the work and the nameof the author. Copyright notice (the "©," the word "Copyright" or the abbreviation "Copr.") is no longer a requirement under U.S. law, but is beneficial for the public to know that the work is protected by copyright, the name of the author, and the date of the publication.
If a copyright is something you may have an interest in or concern about, please call our office so we can sit down and discuss your specific needs.
NOTICE: This article represents copyrighted material and may only be reproduced in whole for personal or classroom use. It may not be edited, altered, or otherwise modified, except with the express permission of Patterson Tabert Law Offices. This article discusses general legal issues of interest and is not designed to give any specific legal advice pertaining to any specific circumstances. It is important that professional legal advice be obtained before acting upon any of the information contained in this article.