What are the Basics of Copyrights?
What are the Basics of Copyrights?
Congress enacted the first federal copyright law in May 1790, and the first work was registered within two weeks. In 1897, the Copyright Office became a separate department of the Library of Congress and since then the Copyright Office has registered more than 30,000,000 claims to copyright and mask works, providing more than 126 million deposits (including books, serials, motion pictures, music, sound recordings, maps, prints, pictures, and computer works) to the Library of Congress.
A copyright is granted by law for original works of authorship fixed in a tangible medium of expression. A copyright owner has the right to reproduce his or her work, to prepare derivative copies, to distribute the work, and to prepare or perform the work publicly. The copyright owner can prevent others from copying, making derivative works of, performing, distributing, or selling copies or counterfeits of original works of authorship, such as music, lyrics, books, plays, poems, paintings, sculpture, photographs, architectural designs, and software. Copyright, however, does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Copyright Duration and Term
A copyright exists as soon as the work is created or otherwise affixed in a tangible medium. Registration with the Copyright Office is generally not required unless a copyright owner wishes to bring a lawsuit for infringement of a U.S. work. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Otherwise, registration is recommended if the owner wishes to have the facts of their copyright on the public record and have a certificate of registration.
The term of copyright for a particular work depends on several factors. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, copyright protection lasts for 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.
Copyrights and Other Intellectual Property (IP)
Although copyrights, patents, trademarks, and trade secrets are all intellectual property, each offer different protections and are distinct from one another. A copyright protects original works of authorship, while a patent protects inventions or discoveries. A trademark, on the other hand, protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. A trade secret is any formula, process, design, or compilation of information, which is not generally ascertainable, by which a company can obtain an economic advantage over competitors or customers. Advice of intellectual property counsel is prudent when assessing a company’s intellectual property portfolio and seeking adequate protection.
Copyright Litigation and other IP Litigation Services
Our IP litigation team handles a broad range of intellectual property (IP) litigation cases, including:
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Klemchuk PLLC is a leading intellectual property law firm focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. We help clients protect innovation and increase market share through investments in IP.
This article has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. © 2023 Klemchuk PLLC