Copyright » Copyright Protection http://copyright.laws.com Copyright- Copyright Law, Copyright Symbol, US Copyright Office, Copyright Infringement Thu, 29 Sep 2016 15:43:41 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.18 Definition of Restored Works http://copyright.laws.com/copyright-protection/restored-works http://copyright.laws.com/copyright-protection/restored-works#comments Sat, 04 Apr 2015 12:16:08 +0000
When a copyright is established in one country, it is only valid within the country where it was created and countries which are under the same treaty. One of the earliest copyright conventions to allow copyright protection among many different nations was the Berne Convention for the Protection of Literary and Artistic Works, created in 1887. The other principal copyright convention is the Universal Copyright Convention of Geneva.
Many works which have come from other source countries were not recognized by the United States until the Uruguay Round Agreements Act (URAA) of 1994. This Act was passed during the Uruguay Round General Agreement on Tariffs and Trade (GATT), which included an agreement on the Trade-Related Aspects of Intellectual Property (TRIPS).
As a result of this Convention, United States copyright law was amended slightly, and in turn, many creative works were restored to copyright status in 1996. As a result, copyrighting the works required that the owners of the copyrights notify those that rely on their former public domain status. These people that rely on the public domain status of works are called Reliance Parties. If the owner planned to enforce their rights after the copyrighting of their work, the Reliance Parties would be forced to cease using the work.
One of the means of notification that was used in 1996 was by filing with the Copyright Office a Notice of Intent to Enforce (NIE) a Restored Copyright. If a NIE was not filed with the U.S. Copyright Office, the copyrighting of the work was not enforced and the Reliance Parties were legally able to continue their use of the public domain work.


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What You Should Know About Website Copyright http://copyright.laws.com/copyright-protection/website-copyright http://copyright.laws.com/copyright-protection/website-copyright#comments Sat, 04 Apr 2015 12:16:08 +0000

Copyright law is a form of intellectual property law which grants authors of original, creative work the exclusive rights to use, license, and sell the work without infringement from outside parties. Copyright protection can be used for any type of work, as long as it is considered to fall within the confines of a creative medium in which a clear message or intent can be established to exist. It protects ownership of artistic works such as poetry, novels movies, songs, computer programs, and architecture.

Websites are another form of artistic expression that have recently exploded in popularity. Due to the rapidly growing viewer ship of websites and number of people who have access to the internet, website copyright laws have been created for the greater convenience in protecting online creative works. For copyrighted websites, the author of a website is given full protection, including for all of the content that has been created with the intent of being placed on the website, including writings, artwork, photographs, and other forms of creative authorship. Revisions and Updates to Websites All creative work is protected under United States copyright law, though to proceed with legal matters, it is a good idea for authors of creative works to register their content with the United States Copyright Office. However, due to the nature of websites which have the capability to be constantly updated every day with new creative content, copyright website law becomes quite complicated. Each new revision to a website must be individually registered with the U.S. Copyright Office with a separate registration fee. The new registration for each revision only includes the information that has been added to that new version. There are exceptions to this rule. Databases For a website that contains a database for frequent updates, the owner may register all content that has been added to the database within the span of a three month period in one registration submission. This eliminates the hassle and spending of registering several times for several database updates. The three month period is limited, however, to one calendar year according to website copyright laws. Serials and Newsletters Group registration of copyrights is available for serials and newsletters which are published weekly or less and also for daily publications as well. This includes all serials and newsletters which are published online as well and are covered by website copyright laws. Depending on the type of work that is created, the requirements will vary slightly. Can a Person Register Copyright for a Domain Name? Website copyright laws do not include protection for domain names. The Internet Corporation for Assigned Names and Numbers (ICANN) has taken the role of domain name system management and allows website authors to register domain names. This system is not regulated by the U.S. Copyright Office.
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Discover Facts About Book Copyright http://copyright.laws.com/copyright-protection/book-copyright http://copyright.laws.com/copyright-protection/book-copyright#comments Sat, 04 Apr 2015 12:16:08 +0000

A copyright is a protection given to the author of creative or artistic work, such as paintings, music, or motion pictures. The protection allows only the copyright holder (usually the author of the creative work) to copy that work, distribute it, license it, and adapt it.

Copyrights are also granted for authors of books the moment in which they are written, though there are certain procedures that should be met before full protection is granted to the author. Filing a book with the United States Copyright Office allows an author to protect their work in court if necessary. In addition, mere ownership of a book or manuscript does not give the owner book-copyright protection; only the author has those rights.

Published Versus Unpublished Books

In order for a book to have copyright protection, it is not necessary to publish the book first. There are, however, different rules for unpublished and published books. No matter what the national origin of the book or domicile of the author, the unpublished book is guaranteed protection in the United States and other treaty nations.

For published works, certain criteria must be present for copyright protection in the United States:

On the date that the book is published, the author is a national or domiciliary of the United States or of a treaty party;

The book is published in the United States or in a foreign nation involved with the treaty party.


A country that is considered to be in the treaty party is a country other than the United States that was part of the international agreement.

Registering Books with the Copyright Office

Although authors can file their unpublished work for a book copyright, they should first decide if this is the best decision based on their future intentions. If their book is published in the future, it will need to be refiled for book copyright protection after it receives an ISBN number or is enacted into the Library of Congress. This will require another fee to be paid.

Claims to copyrights can be filed for published and unpublished books or manuscripts as literary works. They can be included with or without illustrations as fiction, nonfiction, poetry, contributions to collective works, compilations, directories, catalogs, dissertations, theses, reports, speeches, pamphlets, brochures, and single pages. The work may be submitted in any form, whether typewritten or handwritten in ink. There is no requirement of paper quality, size
, or format.


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Copyright Protection Background Quick Overview http://copyright.laws.com/copyright-protection/background-copyright-protection http://copyright.laws.com/copyright-protection/background-copyright-protection#comments Sat, 04 Apr 2015 12:16:08 +0000
A copyright is a set of exclusive rights that is granted to a person upon his or her creation of an original work. These rights can include the right to copy that work, distribute it, and adapt the work as well. As a copyright holder, the author also has the right to license the copyright, transfer it, or assign it to another party.
The copyright is only valid for a certain period of time before it is automatically released to the public domain. When works reach the public domain, it means that they are no longer under a copyright because the copyright has expired.
The copyright law is an integral part of American law intended to enforce the general notion that an author should have sole ability to reap the benefits of his or her hard work and creativity for at least a period of time. Without copyright law, a person's labor into creative thinking would not benefit the creator and acknowledgment would go unnoticed. Copyright protection and copyright law both prevent this from occurring.
Copyright law emerged in Great Britain from the invention of the printing press, which made the duplication of books and other works far easier than before. As a result, in the 15th and 16th centuries, governments began placing control over printers that existed across Europe. They were required to have licenses to trade and produce any books to be sold. In typical cases, a printer would be given exclusive rights to a certain book to be printed and sold for a period of several years before it finally expired. This was the origin of the modern copyright law in effect today.
Today, copyright laws are constantly changing and evolving alongside technology. With the emergence of the Internet and other electronic creative mediums, copyright law was needed to cater to these specific frontiers. Copyrights have been extended from literary, dramatic, and musical works to computer software and Internet-based works.
The Copyright Protection Office in the United States has been around for decades to promote creativity among unique thinkers in all creative mediums by establishing and maintaining a working national copyright system. Their services have helped to enforce copyright law and allowed for a standardized system of registering, licensing and transferring copyrights.

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All You Need to Know About Compilation and Derivative Copyright http://copyright.laws.com/copyright-protection http://copyright.laws.com/copyright-protection#comments Sat, 04 Apr 2015 12:16:08 +0000

 

The degree to which originality can be judged to exist in certain forms of creative endeavors is highly controversial. Compilation and derivative works lack any root originality and are largely inspired by and taken from other original works that have already been established. A compilation or derivative work may be eligible for copyright protectionAnchor under certain conditions.

What is a Compilation?

A compilation is a type of work that is created by assembling existing materials or data from other works. These materials are coordinated and arranged in a certain way as to give it separate artistic merit. As a result, the compilation is thought of as a separate work of authorship. Collective works can also be considered to be compilations.

What is a Derivative?

A derivative work is based on works that currently exist, such as a musical score, play script, fictionalization, motion picture, sound recording or abridgment that may be recreated, transformed and adapted. The work may have several revisions, elaborations and other types of modifications, though as a whole, the original work is represented throughout the derivative work.

How are Compilation and Derivative Works Structured?

Although compilation and derivative works are allowed under copyright lawAnchor to be protected; only such materials that have been contributed to and added by the new author are eligible for copyright protection. The new copyright of the work is completely independent of the original author's work and does not affect the duration or ownership of the original copyright.

When is Copyright Protection Granted and Denied to a Compilation Work?

Since compilations are pieces of other works arranged and assembled to suggest new creative work, compilations are only to receive protection when "an original work of authorship" is conveyed. To do this, the work must be rearranged in a different structure than the original work in order to suggest uniqueness, and it must be done independently of the established work. Also, the work may not be selected for copyright protection if it is based solely on fact; it must have some creative spark as well.

When is Copyright Protection Granted and Denied to a Derivative Work?

In order for copyright protection to be given to a derivative work, the new work must have some kind of originality of its own. It cannot be considered to be an "uncreative" variation on the preexisting work and it must contain a new clear and distinct idea or expression to be conveyed to its audience.

If a substantial amount of protected expression is lifted from the already-existing creative work, a copyright infringement liability may arise for the later work. Although it is hard to judge just how much of the original work must be present to become a liability, both works must generally have a substantially similar message. This usually occurs when the second author purchases the work of the original copyright owner and then modifies the work.


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Important Facts About Copyright Protection http://copyright.laws.com/copyright-protection/copyright-protection http://copyright.laws.com/copyright-protection/copyright-protection#comments Sat, 04 Apr 2015 12:16:08 +0000

Why Does Copyright Protection Exist?

Copyright is an important aspect of American law which protects ideas, in addition to creating fertile ground for the formation of new ideas. It encourages people to create new ideas by not being limited to creative ideas that already exist. Also, without copyright protection a person's hard work would go unnoticed and he or she would not receive the recognition he or she deserves.

Works which can be afforded copyright protection include:         

 

              Literary works;


         Musical works, including lyrical content;


         Works of drama, including any accompanying music;


         Pantomimes and choreographic works;


         Pictorials, graphics, and sculptures;


         Motion pictures and other works of audiovisuals;


         Sound recordings;


         Architectural works.


What is Required of a Work to be Eligible for Protection?

While most works of
an artistic nature and original ideas are capable of being protected under copyright law, there are certain requirements that must be met. First, ideas must be presented in a permanent tangible form of expression. An idea in an individual's head cannot be copyrighted until it is put into a musical song, speech, motion picture, or painting. Next, titles, names, short phrases, and slogans, along with typographic ornamentation cannot be copyrighted. Even so, some logos can be copyrighted as long as they have artistic validity. Finally, works that are of common property with no original ownership cannot be copyrighted. This includes calendars and tape measures.

Copyrights are granted to authors of books the moment they finish writing them. Both published and unpublished books, as well as manuscripts, can be copyrighted as literary works. This includes fiction, nonfiction, compilations, directories, catalogs, dissertations, speeches, pamphlets
, and more. A book may be registered with the U.S. Copyright Office as either a published or unpublished work. If a registered unpublished book is then published, it is required to be re-registered with the Copyright Office.

Just like authors and movie makers are protected by copyright, photographers are protected for their work as well. It has protection the minute that a photograph is taken and should be noted as s
uch with the 'C' symbol and year of authorship. The photographs can also be given added protection when registered with the U.S. Copyright Office. Photographs can be claimed for copyright in single form or in groups. Photographs that are unpublished must meet certain requirements:

         The photographs should be neatly compiled;


         A title for a collection of photographs must be created;


         The same party must be filing the claim for all photos submitted;


         The author must be the creator of the photographs.


Published and unpublished photographs may not be combined in a single copyright claim.

A website can be copyrighted because it meets all of the requirements in the definition of a copyrighted work. It is a tangible medium by which ideas and artistic expression can be conveyed.
However, websites present a tricky situation because websites can be updated quite easily and frequently over the course of several days. As a result, the rules have been adjusted for website copyright.

An author of a website is given all the copyright protection of any other original work, including the photographs, written work, and artwork that is included on the website. It should be noted that any additional excerpts that are added to the website are given copyright protection, but if the author would like to keep it registered with the U.S. Copyright Office, each individual revision is required to be separately registered.

Although content of websites can be copyrighted, the domain name in which the website is located cannot be copyrighted. Domain names are not handled by the U.S. Copyright Office. Instead, the Internet Corporation of Assigned Names and Numbers handles domain names, which must be purchased for use.

Since copyrights are a type of intellectual property law which protects the authors of works of art which convey ideas, names are not included under this protection. Names are a simplistic way of identifying an entity and are often used in the marketing of a product or work. For this reason, names are not handled by the U.S. Copyright Office, but instead can be registered at the U.S. Patent and Trademark Office (USPTO) as a trademark.

When a person wants exclusive rights to a company name, for example, he or she submits it to the USPTO. The USPTO will then examine the name and compare it with other registered trademarks. If there are any matches found or if the name is too similar to another, it will be rejected. If it is accepted, the name is then protected by law.


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Name Copyright At A Glance http://copyright.laws.com/copyright-protection/name-copyright http://copyright.laws.com/copyright-protection/name-copyright#comments Sat, 04 Apr 2015 12:16:08 +0000

Copyright law is a form of intellectual property law that offers creative control for authors who have created a work of art. They have the exclusive rights to use their work in any way they wish, including the selling, licensing, and use of their creative work. Copyright protection can be offered in a variety of ways, as long as it is presented in a tangible and defined medium.

One type of creative expression that cannot be copyrighted, however, is that of names. Names, unlike music, motion pictures, artwork, photographs, paintings, and other artistic mediums, are not considered to be works of artistic expression. Rather, names are considered to be a marketing or identification of someone or something else. Instead, names can be registered as trademarks and they are handled under the U.S. Patent and Trademark Office.

If a person has a name of their band selected or a name for their start-up company, he or she will have to check with the U.S. Patent and Trademark Office to check if the name they have chosen has already been taken. When a name is submitted to this Office, it is examined for any matches with already established names. A certain name may also be rejected because it is too similar to an already registered name in their database.

There is an exception, however, when a person is branding his or her company with a name and logo. Although the name of the company cannot be copyrighted, the logo, in many instances, can be considered a means of artistic expression. If the U.S. Copyright Office believes that the logo is a medium of art, it will be granted a copyright registration. In all other instances, a logo will generally only be eligible for trademark registration.


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Read This About Photograph Copyright Before Submitting http://copyright.laws.com/copyright-protection/photograph-copyright http://copyright.laws.com/copyright-protection/photograph-copyright#comments Sat, 04 Apr 2015 12:16:08 +0000

Copyrights protect the authors of all creative forms of works which can be presented in typical mediums, such as books, motion pictures, or artwork. Essentially, the work needs to be presented in a tangible form. Photographs are one of these art forms that are offered copyright protection.


A photographer's work is always given protection the moment it is created and should be marked with an accompanying 'C' logo and year of creation to show that it has ownership. If the owner of the photograph would like to give their work added protection, especially if legal disputes arise, he or she can register a photograph with the United States Copyright Office.

Submitting Published and Unpublished Work

An author may submit single published and unpublished photographs, collections of unpublished photographs, and photographs published as a unit, such as a yearly calendar. The author should signify whether or not their work has already been published.


Copyright law states that a publication is the distribution of copies of a work to public sale or other transfer of ownership. If distribution occurs to another group for purposes of further distribution, this is also a publication. However, a public display of a work, such as a photograph, does not necessarily make it a publication. Also, copyright law does not clearly identify publication via online sources. It is left up to the author to understand whether or not his or her work has been published.

Submission Methods

A photographer can choose to, for a one-time fee, submit one published photograph, or submit a published collection of photographs. This can include a collection on a calendar, illustrations for a book, or a set of football cards.

For unpublished photographs, a one-time fee can be used to file one photograph or a collection of unpublished photographs. To be eligible for consideration, the photograph(s) must be:

         Neatly compiled;

         A title for a collection of photographs must be created;

         The same party must be filing the claim for all photos submitted;

         The author must be the creator of the photographs.

It should be noted that published and unpublished photographs cannot be combined in a copyright claim.



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