About Copyright Laws
- A copyright is created the second that an original work is reduced to tangible form. In the U.S. it does not need to be registered, claimed or published first, although in many nations registration or public notification is required. The copyrighted material can be any work of a creative nature including articles, books, songs, movies, screenplays, sculptures, photographs, architectural designs and even computer programs, but not does not include technological creations, which are protected by patent law. Normally, the creator of the work is the copyright holder, but may contract with another party--often an employer--to transfer the copyright under the work for hire doctrine.
- A copyright protects the holder's exclusive rights to the distribution, public display, reproduction, performance, and preparation of derivative copies of the work. The holder of a copyright can license the use of his work to another party, or even to sell her copyright, as in the case of a novelist who sells her copyright to a publisher in exchange for an advance and a proportion of royalties.
- The Berne Convention for the Protection of Literary and Artistic Works is an international treaty, signed by most countries including the United States, that allows a copyright created within the territory of one country to be valid in all member countries. The specific terms and conditions of the copyright grant are subject to the copyright laws of each individual country. In this way, the copyright holder can obtain simultaneous worldwide protection without having to register in those countries that require registration.
- In addition to the work for hire doctrine, two other major legal loopholes exist in copyright law. The first is the fair use doctrine, which allows the royalty-free use of a small portion of a copyrighted work as long as proper attribution is provided. The second is the first sale doctrine, which allows anyone to sell second-hand copies of a copyrighted work without paying royalties. Note that the first sale doctrine does not cover Internet music downloads, because these are considered original rather than second-hand copies.
- Aggrieved copyright holders may sue copyright violators for personal damages or for the amount that the violator profited from the illegal sales. The U.S. government has the power to prosecute copyright violators. Penalties include fines and, in some cases, imprisonment.
- Copyrights endure for various periods depending on several circumstances, including the identity of the original copyright holder and the date that the copyright was created. If the original copyright holder is the creator, copyright protection lasts for several decades after the death of the creator. If the original copyright holder is a corporation (as in the case of a work for hire), the copyright will endure for a roughly similar period. Once the copyright expires, the work is said to enter the public domain and can be freely used, as long as proper attribution is provided.