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Copyright Protection

Name Copyright At A Glance

Name Copyright At A Glance

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
.

Read This About Photograph Copyright Before Submitting

Read This About Photograph Copyright Before Submitting

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.




Definition of Restored Works

Definition of Restored Works

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.

What You Should Know About Website Copyright

What You Should Know About Website Copyright

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.

Discover Facts About Book Copyright

Discover Facts About Book Copyright

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.

Copyright Protection Background Quick Overview

Copyright Protection Background Quick Overview

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.