SolveYourProblem Article Series: Copyrights
I Need To Understand Copyright Law
Copyright
Law Act of 1976
The Copyright Law Act of 1976 is the basis
of the United States copyright laws. The Copyright Law Act
states the rights of copyright owners, the doctrine of the
fair use copyright laws and it changed the term life of copyrights.
Before the Copyright Law Act the law had not been revised since
1909. It was necessary that the copyright laws be revised to
take into account technological strides that were being made
in radio, sound recordings, motions pictures and more. The
Copyright Law Act of 1976 preempted all previous laws that
were on the books in the United States, including the Copyright
Act of 1909.
The Copyright Law Act of 1976 defines “works of authorship”
to include all of the following:
- Musical
works
- Literary
works
- Dramatic
works
- Pictorial,
sculptural and graphics
- Motion
Pictures and Audiovisuals
- Sound
Recordings
- Choreographic
Works and Pantomimes
- An
eighth work which falls under “architectural works” was later
added in 1990.
What is unique about the United States copyright law is that
it is automatic. Once someone has an idea and produces it in
tangible form, the creator is the copyright holder and has
the authority to enforce his exclusivity to it. In other words,
the person is the owner of the creation. It is not necessary
that a person register their work. However, it is recommended
and it can serve as evidence if someone ever violates a copyright.
It is interesting to note that when an employer hires an employee
to produce a work that the copyright is given to the employer.
Violations of US Copyright Law are generally enforced in a
civil court setting. However, there could also be criminal
sanctions brought against someone who violates US copyright
law. Someone that is in serious violation of US Copyright Law
such as counterfeiting can find themselves on the inside of
prison looking out. People need to understand that the copyright
symbol is not a requirement. Someone may have a copyright,
yet their work may not have a copyright notice or symbol.
US Copyright Law covers a wide range of things that are derived
from artistic expression, intellectual or creative work. This
includes things such as literary works, music, drawings, photographs,
software, movies, choreographic works such as ballets and plays,
poems, paintings and more. The law covers the form of expression,
not the concept, facts or the actual idea of the work. This
means that someone can use another person’s idea or concept
and produce their own take on it. However, copying another
person’s work is a violation. It should be noted that some
things may not be copyrighted but they may be protected by
a patent or trademark.
Individuals who have a copyright on a particular piece of
work can do with it what they will. They may choose to copy
it and sell it. They may display their work or perform it in
public and charge admission, or they can assign or sell the
work to someone else. Individuals who have a copyright can
also choose to do nothing with their work, if that is their
desire. However, if someone comes along and takes the work
and tries to use it in some way, that person is still in violation
of the owner’s copyright. The Copyright Law Act covers published
and unpublished work.
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: 2008
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