• To reproduce the copyrighted work in copies or recordings;
• To prepare derivative works based upon the copyrighted work;
• To distribute copies or recordings of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, motion pictures and other audiovisual works; and
• To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.

Who Can Claim Copyright?
In the case of works made for hire, the employer and not the employee is presumptively considered the author. The copyright statute defines a "work made for hire" as:

• a work prepared by an employee within the scope of his or her employment; or
• certain works specially ordered or commissioned, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Mere ownership of a book, manuscript, painting, or any other copy or recording does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.

What Works Are Protected?
Copyright protection exists for "original works of authorship" when they become fixed in a tangible form of expression. Copyrightable works include the following categories:

• written literary works;
• musical works, including any accompanying words;
• dramatic works, including any accompanying music;
• pantomimes and choreographic works;
• pictorial, graphic, and sculptural works;
• motion pictures, video recordings and other audiovisual works;
• sound recordings; and
• computer software. This list is illustrative and is not meant to exhaust the categories of copyrightable works. These categories are viewed quite broadly.
  

What Is Not Protected By Copyright?
Several categories of material are generally not eligible for statutory copyright protection. These include among others:

• Works that have not been fixed in a tangible form of expression. For example: choreographic works which have not been notated or recorded or improvisational speeches or performances that have not been written or recorded.
• Titles, trademarks, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation or illustration.
• Works consisting entirely of information that is common property and containing no original authorship. For example: standard calendars, height and weight charts, tape measures and rules, and lists or tables taken from public documents or other common sources.

How To Secure A Copyright
Copyright is secured automatically upon creation.

The way in which copyright protection is secured under the present law is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. Copyright is secured automatically when the work is created in tangible form for the first time.

There are, however, certain definite advantages to registration.




Notice Of Copyright
When a work is published under the authority of the copyright owner, a notice of copyright should be placed on all publicly distributed copies and on all publicly distributed sound recordings. This notice is required even on works published outside of the United States. Failure to comply with the notice requirement can result in the loss of certain additional rights otherwise available to the copyright owner.

The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.


Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all of the following three elements:

• The symbol comprising the letter C in a circle, the word "Copyright" or the abbreviation "Copr.";
• The year of first publication of the work.
• The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
  
  Example: © 1995 John Doe

Form Of Notice For Sound Recordings
The copyright notice for sound recordings has somewhat different requirements. The notice should contain the following three elements:

• The symbol comprising the letter P in a circle;
• The year of first publication of the sound recording; and
• The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. If the producer of the sound recording is named on its labels or containers, and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice.

Position Of Notice
The notice should be placed on all copies or recordings of the work in such a manner and location as to "give reasonable notice of the claim of copyright." The notice of recordings may appear on the surface of the recording or on its label or container, provided the manner of placement and location gives reasonable notice of the claim. The three elements of the notice should ordinarily appear together on the copies or recordings.




Unpublished Works
The copyright notice is not required on unpublished works. To avoid an inadvertent publication without notice, however, it may be advisable for the author or other owner of the copyright to place a copyright notice, or a statement such as "Unpublished Work, Copyright 1984 John Doe" on any copies or recordings which leave his or her control.


How Long Does Copyright Protection Endure?
A work created (fixed in tangible form for the first time) on or after January 1, 1978 is automatically protected from the moment of its creation, and is ordinarily given a term enduring for the author's life, plus an additional 50 years after the author's death.


Transfer of Copyright
Any or all of the exclusive rights of the copyright owner may be transferred, but the transfer of exclusive rights is not valid unless it is in writing and signed by the owner of the rights conveyed. Transfer of a right on a nonexclusive basis does not require a written agreement.




Copyright Registration
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, except in two specific situations, registration is not a condition of copyright protection.

Even though registration is not generally a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

• Registration establishes a public record of the copyright claim;
• Registration is ordinarily necessary before any infringement suits may be filed in court;
• If made before or within 5 years of publication, registration will establish evidence in court of the validity of the copyright; and
• If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available.

Registration may be made at any time within the life of the copyright. To assure that you have full legal rights for enforcement of your copyright you should file for registration within 3 months after your work is first published and be certain that all published copies carry a copyright notice.


International Copyright Protection
There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions.

Portions of "A Guide to Copyrights" were excerpted and edited from the following U.S. Government publication:

• Circular R1 -- "Copyright Basics" Copyright Office, Library of Congress © 1992, 1995, 1996, 2003 Wells St. John P.S.

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