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Copyright infringement - Do You Know The 6 Ways To Protect Your Work?

By: Jim Wilson

 

Copyright protection is everywhere these days. It appears that whenever we listen to the media there is another piece on it. Turn on the tv and a popular actor or musician is supporting the importance of it. From Youtube and file sharing controversies to dvd movie pirating, copyright is everywhere. In this story we will define copyright and at a bare minimum, look at the reasons why creative people would copyright their work and list types of work that can be copyrighted.

Copyright overview

Copyright is a set of exclusive rights regulating the use of a individual expression of a concept or information. In its simplest form, it is in fact "the right to copy" an original creation. Almost always, these rights are of limited length. The mark for copyright is , and in some countries may alternatively be written as either (c) or (C).

What does it protect

Copyright may cover a range of creative, intellectual, or artistic forms or "works". These include poems, theses, theatrical plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, sculptures, photographs, drawings, software, radio and television performances of live and other broadcasts, and, in some countries, industrial designs. Designs or industrial designs may have distinct or interlocking laws applied to them in some countries. Copyright is one of the laws covered by the overarching term 'intellectual property'.

What does it not protect

Copyright law covers only the precise form or manner in which ideas or information have been created, the "form of material expression". It is not designed or intended to cover the particular idea, concepts, facts, styles, or mechanics which may be suggested by the copyright work.

For example, the copyright for the Donald Duck cartoon denies unauthorized persons from distributing copies of the cartoon or making derivative works which mimic the Donald Duck cartoon.

But it does not prevent anyone from creating a cartoon duck. As long as it is different enough from Donald Duck. Other laws may demand legal restraints on reproduction or use where copyright doesn't. That's when trademarks and patents can be utilized.

Copyright duration

Copyright has a number of time periods in different countries, with different categories of works and the length it exists also depends on whether your work is published or unpublished. In most regions the default duration of copyright for many works is time of death of the author plus 50 years. The copyright always expires at the end of the year concerned, rather than on the specific date of the death of the author.

Public domain and copyright

So when is a book is in the public domain? In the united states, all books and other items published before 1923 have expired copyrights and are in the public domain, and all works created by the U.s. government, regardless of date, enter the public domain upon their creation.

But if the intended use of the book includes publication (or distribution of a film based on the book) outside the U.s., the arrangement of copyright around the world must be deliberated.

If the author has been deceased more than 70 years, the work is in the public domain in most regions.

Can you transfer your copyright

Under the United states Copyright Act, if you want to transfer ownership of your copyright it must be transferred in writing. No official transfer form is required. A basic document that describes the work involved and the rights being granted is acceptable.

Non-exclusive grants (often called non-exclusive licenses) need not be in writing under United states law. A non-exclusive grant is when you allow someone to utilize your work by giving them your stamp of approval. For example, you allow a writer to include a paragraph of your novel in his work. Your acceptance can be oral or even implied based on the behavior of all the parties involved.

Transfers of copyright ownership, including exclusive licenses should be formally noted in the U.S. Copyright Office. While recording is not required to make the grant effective, it offers important benefits, just like you would get from filing a real estate deed when you buy a house.

Take action!

You can download the forms yourself from the US Copyright Office at www.copyright.gov. This is the cheapest option obtainable, at the time of this writing the US Copyright Office frequently charges $30 per submission. You will need to choose the right form for your work type, but the Copyright Office does a fairly good job of organizing their paperwork so users can find what they need. Browse through their online Help for assistance on how to fill out the forms and what materials you will need to mail in. With a little fact-finding and work you can do it all yourself. If you need more help there are many commercial websites that will help.

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