In the United States copyright is a form of protection provided by the government to the authors of “original works of authorship, including literary, dramatic, musical, artistic and certain other intellectual works.” This protection is available to both published and unpublished works, regardless of the nationality or domicile of the author. It is unlawful for anyone to violate any of the rights provided by copyright law to the owner of the copyright.
Copyright protection exists from the time the work is created in a fixed, tangible form of expression. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. In the case of works made for hire the employer, not the writer, is considered to be the author.
It is also important to note that mere ownership of a book, manuscript, painting, etc., does not give the possessor the copyrights to the work. The law provides that transfer of ownership of any material object that embodies a protected work does not, of itself, convey any rights in the copyright.
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in writing or recorded for the first time.
The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. The use of a copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the U.S. Copyright Office.
The notice for visually perceptible copies should contain all the following three elements:
1. The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”
2. The year of first publication of the work.
3. The name of the owner of copyright in the work.
Example: © 2002 John Doe
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The term of copyright protection varies with the date of creation. A
work created on or after January 1, 1978, is automatically protected
from the moment of its creation and is ordinarily given a term enduring
for the author’s life plus an additional 70 years after the author’s
death. For works made for hire, and for anonymous and pseudonymous works
(unless the author’s identity is revealed in Copyright Office
records), the duration of copyright will be 95 years from publication
or 120 years from creation, whichever is shorter.
For works originally created and published or registered before January
1, 1978, or for more detailed information on renewal of copyright and
the copyright term, please request Circular 15, “Renewal of Copyright;”
Circular 15a, “Duration of Copyright;” and Circular 15t,
“Extension of Copyright Terms,” from the U.S. Copyright
office, www.copyright.gov.
Finally, there is no such thing as an “international copyright”
that will automatically protect an author’s writings throughout
the world. Protection against unauthorized use in a particular country
depends on the national laws of that country. Most countries do offer
protection to foreign works under certain conditions, and these conditions
have been greatly simplified by international copyright treaties and
conventions.
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