Tuesday, July 4, 2017

Protecting What's Mine

But you were up to your old tricks 
in Chapters Four, Five and Six.
And I'm giving you a longing look...
The way you walk
The way you talk and try to kiss me
And laugh in four or five paragraphs.
All your compliments 
and your cutting remarks
Are captured here in my quotation marks.

And I'm giving you a longing look...
Everyday I write the book.
Don't tell me you don't know the difference
Between a lover and a fighter.
With my pen and my electric typewriter
Even in a perfect world 
where everyone was equal
I'd still own the film rights 
and be working on the sequel.

Elvis Costello


Have you written a book? Or taken a picture you want to distribute? Maybe designed software? When you expend the time and energy to put your thoughts to paper, create a piece of art, or create some sort of computer application, you want to make sure that you get credit for your work, right? That's where copyright law comes into play.

Along with patents and trademarks, copyright is a way to identify the ownership of certain types of "intellectual property." The U.S. Constitution, Article I, Section 8, Clause 8 grants Congress the power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."  This clause is the source of Congress' power to enact legislation governing copyrights and patents, and it is often referred to as the "patent and copyright clause." Copyright laws are found in Title 17 of the United States Code.

Chances are that you've seen a copyright notice. In books, it's the © with the author's name and year of publication that you see on one of the inside pages of a novel. In magazines, it's often buried in the fine print. In fact, there are eight categories of works that can be copyrighted:
  1. Literary, musical and dramatic works.
  2. Pantomimes and choreographic works.
  3. Pictorial, graphic and sculptural works.
  4. Sound recordings.
  5. Motion pictures and other AV works.
  6. Computer programs.
  7. Compilations of works and derivative works.
  8. Architectural works.
A work becomes copyrighted when it is fixed in a tangible medium of expression. Since March 1, 1989, works no longer require a copyright notice. Copyright registration is also no longer required. However, many authors and publishers still affix a copyright notice to works so that the owner of the copyright can be easily identified.

Copyright does not protect facts, ideas, systems, or methods of operationOne of my favorite examples is that you cannot copyright the phone book. You can copyright the presentation of data, but you can't copyright the listings. Facts (scientific, historical, biographical or current events) that an author discovers through research or observation are in the public domain.

A copyright does not protect an author's ideas, although it may protect the way ideas are expressed. If a simple idea could be protected, it would actually prevent more substantial creative works from being created. It is the implementation of an idea that’s protected, e.g., how the idea is presented in a novel, a movie or some other media. 

How long does a copyright last? According to the U.S. Copyright Office website, the term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. 

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, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. 

For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code).

When you put your idea to paper, it becomes "fixed to tangible media." With or without the © symbol, your work product is protected by the copyright laws. Check the Copyright Office's web page for more information.

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