Understanding Copyright
Copyright represents the legal right of an owner over their intellectual property. Essentially, copyright is the right to duplicate original works. This means only the creators and those they authorize are allowed to replicate their creations.
Copyright law grants creators exclusive rights to use and duplicate their material for a designated period. After a copyright expires, the work enters the public domain.
Key Insights
- Copyright law safeguards creators from unauthorized use or duplication of their material.
- For a work to be protected by copyright laws, it must exist in a tangible form.
- In the U.S., creative works enjoy copyright protection for the life of the creator plus 70 years posthumously.
- Other forms of protection for non-copyrightable properties include trademarks and patents.
The Mechanics of Copyrighting
Whenever someone produces what’s considered an original creation, it becomes an intellectual property requiring protection from unauthorized duplication. Illustrative examples include:
- Novels
- Art
- Poetry
- Musical lyrics and compositions
- Computer software
- Graphic designs
- Films
- Original architectural designs
- Website content
To legally safeguard such creations, creatives can rely on copyright. Copyright law treats a work as original if it’s a product of independent thought without replication, termed as an Original Work of Authorship (OWA).
The default holder of the copyright for an original work is the creator, automatically barring others from use and replication without authorization. Registering copyright is optional, yet it provides a legal advantage if disputes arise.
For an idea, discovery, or theory to be copyrighted, it must be in a tangible form—such as written down material. Intellectual properties not protected by copyright include logos, brand names, slogans, and domain names.
In the U.S., copyright protection endures for the author’s lifetime plus 70 years. If possessed by a corporation, the protection spans 95 years from publication or 120 years from creation—whichever is shorter.
Copyright versus Trademarks and Patents
While copyright law isn’t exhaustive, trademarks and patents offer additional protective measures. Each of these protections serves by ensuring the distinctness of different aspects of intellectual property.
Trademarks safeguard material distinguishing the work of an individual or corporation including names, phrases, or symbols.
Patents cover inventions over a delimited period, protecting innovative products such as machinery, processes, and chemical formulations.
Distinguishing Copyright from Trademark
Copyright protects original works from unauthorized use or duplication.
Trademark protects the business reputation epitomized by identifying elements like logos and slogans.
Do You Need to Register a Copyright for Your Website?
Copyright law grants protective rights from the moment of creation. Although registration isn’t a requisite for these rights, it bolsters legal backing, especially when pursuing lawsuits for infringement.
What Does U.S. Copyright Registration Cost?
The recorded expense of copyrighting varies; it hinges on the type of work and the filing method (online or physical). Registration fees range from $45 to $500 in the United States.
Concluding Thoughts
Copyright law exists to shield original material creators, preventing unauthorized replications. In the U.S., this protection generally extends to 70 years beyond the creator’s demise.
To gain copyright protection, work must be both tangible and original. Additional legal protections for intellectual property come via trademarks and patents.
Related Terms: intellectual property, trademark, patent, original work of authorship, legal protection.
References
- U.S. Copyright Office. “Copyright Authorship: What Can Be Registered”.
- U.S. Copyright Office. “What Does Copyright Protect?”
- U.S. Copyright Office. “How Long Does Copyright Protection Last?”
- U.S. Copyright Office. “Duration of Copyright”, Page 1.
- Yeshiva University, Cardozo Law School. “Disney’s Influence on U.S. Copyright Law”.
- U.S. Congress. “S.505 - Sonny Bono Copyright Term Extension Act”.
- U.S. Copyright Office. “Duration of Copyright”.
- United States Patent and Trademark Office (USPTO). “Trademark, Patent, or Copyright”.
- U.S. Copyright Office. “Copyright in General”.
- U.S. Copyright Office. “Fees”.
