SolveYourProblem Article Series: Copyrights
I Need To Understand Copyright Law
Understanding
USA Copyright Law
U.S.A.
Copyright Law Covers Artistic Expression and Creative and
Intellectual Works
The US Copyright Law grants rights to individuals for the
works they create. The US Copyright Act of 1790 has changed
over the years. The current basis of US copyright law is based
on the Copyright Act of 1976. US copyright law is relatively
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. Copyrights cover published and unpublished
work.
Anyone who is in the creative arts arena should be very careful
that they do not violate US Copyright Law. For that matter,
anyone who is a fan of the creative arts should make sure they
are not in violation of a copyright. Simple things like uploading,
downloading and sharing music or movie files can result in
serious charges and fines being brought against them. With
the popularity of the Internet and file sharing software there
many copyrights are currently being violated. Copyright owners
are starting to take a stand against them and are hunting down
the perpetrators. Be careful that you are not overstepping
your boundaries and violating someone’s copyright law.
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: 2008
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