Copyright

Question 1

From where does Copyright originate and why?

Answer 1

Congress given the power in Article I, Section 8 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.”

Question 2

What works be Copyrighted?

Answer 2

Literary works (including software and manuals) and their characters
Musical works, including lyrics
Dialogue, incidents, dramatic devices, interplay of characters
Dance/choreography
Pictorial, graphic, and sculptural works
Sound recordings and audio/visual works
Letters
Lectures and speeches

Question 3

Generally, what can be copyrighted?

Answer 3

Anything that is “fixed” in a tangible medium of expression.

Means that work is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than a transitory duration.
Must be “original” work
– the work must owe its origin to the author claiming the copyright.

Question 4

What Can’t be Copyrighted?

Answer 4

Ideas, themes, bare plots
Non-creative titles, slogans, words, etc.
Methods, systems, formulas, and equations
Incidents, characters, and settings that are indispensable to a given topic or genre (scenes a faire)
Facts/news events

Question 5

Who Owns the Copyright?

Answer 5

Ownership of the copyright is distinct from ownership of a material object in which the work is embodied.
Example: Just because I own a copy of “Stinky Britches” by Alanis Morissette does not mean I own the copyright to the song.
General rule: The creator of the work is the original owner of the copyright.

Question 6

When is a work made for hire?

Answer 6

When one creates a work at the direction of another, he/she may not own the copyright because it is a “work made for hire.”
Works created by an employee within the scope of employment; OR
Specially ordered or commissioned works that fall into one of nine categories and the parties in writing agree that the work is one made for hire

Question 7

Independent Contractor works for hire

Answer 7

Contribution to a collective work;
Part of a motion picture or other audiovisual work;
Translation;
Supplementary work;
Compilation;
Instructional text;
Test or answer materials to test; and
Atlas

Question 8

Joint works

Answer 8

One copyright can belong jointly to two or more authors when the authors intend that their contributions be merged into inseparable or interdependent parts of a unitary whole.

Inseparable: Parts have little or no independent meaning standing alone
Interdependent: Parts achieve their primary significance because of combined effect

Each author’s contribution must be independently copyrightable

Question 9

Duration of Copyright protection

Answer 9

For works created on or after 1/1/78:
Life of the author plus 70 years; or
For works made for hire or no identifiable author:
95 years after first publication; or
120 years after creation (whichever date expires first)
No formalities need to be followed (i.e., no registration or ©) to have copyright protection