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Copyright: Copyright
Basics

Copyright Basics

What does copyright cover?

Copyright covers "original works of authorship fixed in any tangible medium of expression."
Those notes you scribbled on a napkin at the coffee shop are a fixed tangible medium of expression.
Copyright protection is automatic from the moment of creation.

 

Is a work copyrighted if it doesn't have the copyright symbol?

Yes, a creative work is copyrighted from the moment it is "fixed" in any "tangible medium of expression."  The copyright symbol used to be required, but as of the signing of the Berne Convention in 1988, the symbol is no longer required.
(Copyright Office Circular 3)
 

Is a work copyrighted if it is not registered with the Copyright Office in Washington, D.C.?

Creators and authors are not required to register their work. Copyright still takes effect without it. However, if a work is registered, authors are entitled to certain remedies in case of infringement that they would not otherwise be entitled to.

What kinds of works are covered by copyright?

  • literary works
  • musical works including words
  • dramatic works including the music
  • pantomimes and choreographed works
  • pictoral, graphic and sculptural works
  • motion pictures and other audiovisual works
  • sound recordings
  • architectural works

Not covered: ideas, procedures, processes, systems, methods of operation, concepts, principles, discoveries, recipes
(Copyright Law of the US)

 

What is the term (length) of copyright?

 

For works created after Jan. 1, 1978, copyright lasts for 70 years after the author's death. Works created before Jan. 1, 1978 and still in their first renewal term are protected for 95 years from the date of the original grant of copyright.

For "work for hire," works commissioned or created by an employee "within the scope of employment," the term is "95 years from the date of publication or 120 years from the date of creation." (Copyright Office Circular 9)

For more detail see the chart, Copyright Term and the Public Domain in the United States.

It's estimated that less than 15% of works published between 1923 and 1963 had their copyrights renewed. You may wish to investigate whether works in this category have fallen into the public domain.


What are the exclusive rights of a copyright holder?

  1. To reproduce the copyrighted work in copies or phonorecords
  2. To prepare derivative works
  3. To distribute copies or phonorecords to the public by sale, or other transfer of ownership, or by rental, lease or lending.
  4. In case of literary, musical or dramatic or choreographic works, pantomimes, and  motion pictures or other audiovisual works, to perform the copyrighted work publicly
  5. In case of literary, musical or dramatic or choreographic works, pantomimes, and pictoral, graphic or sculptural works, including individual images of a motion picture or other audiovisual work, to display the copyrighted work
  6. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

 

What does phonorecord mean today?

Phonorecords are "material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “phonorecords” includes the material object in which the sounds are first fixed. (Copyright Law Section 101 Definitions)

 Is my dissertation or thesis copyrighted?

Yes, automatically, and registration is not required with the Copyright Office. There are, however, advantages to registering if you wish to be able to seek damages in the case of infringement.

 

 

 

Disclaimer

Nothing on this guide is to be construed as legal advice. These pages are intended to provide information and guidance in the application of copyright law and to expand on the University of Missouri System Collected Rules and Regulations.

Thanks to Miller Nichols Library of UMKC for permission to reuse material from their Copyright guide.