Kara Sears
Copyright law is a form of intellectual property law that protects original works of authorship, including literary, dramatic, musical, and artistic works. It covers a wide range of media, such as poetry, novels, songs, computer software, architecture, paintings, photographs, illustrations, and movies. Copyright protection is automatic and arises as soon as the author fixes the work in a tangible form of expression. However, registering the work is recommended as it enhances protection and allows for certain benefits in litigation. While copyright law covers a broad spectrum of creative works, it does not protect ideas, facts, discoveries, titles, names, or short phrases. It is also important to note that the subject of a photograph or video does not own the copyright; the copyright owner is typically the creator or, in certain cases, their employer.
| Characteristics | Values |
|---|---|
| What does copyright law protect? | Original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, songs, computer software, and architecture. |
| What doesn't copyright law protect? | Facts, ideas, systems, or methods of operation, titles, names, short phrases, and slogans, familiar symbols or designs, mere variations of typographic ornamentation, lettering, or coloring, and mere listings of ingredients or contents. |
| Who owns the copyright? | The author of the work or the author's heirs or assignees, not the person who owns or possesses the physical work itself. In the case of photographs, the owner is generally the photographer or, in some cases, the employer of the photographer. |
| How to protect your copyright | Registering a work is not mandatory, but it can enhance protections and is necessary to enforce exclusive rights through litigation. |
| How to use copyrighted content | In some cases, copyrighted content can be used without permission under the fair use doctrine, for purposes such as criticism, comment, news reporting, teaching, and research. |
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What You'll Learn
Copyright law protects original works of authorship
Copyright law also provides owners with exclusive rights to reproduce the work, prepare derivative works, distribute copies, perform the work publicly, and display the work publicly. These rights allow copyright owners to control most uses of their works. In some cases, however, it is possible to use a copyright-protected work without infringing on the owner's rights. This is known as "fair use" and includes using the work for criticism, comment, news reporting, teaching, and research. Additionally, some copyright holders may make their works available for uncompensated reuse, and in some cases, permission from the copyright holder is not required. For example, showing a movie for face-to-face teaching activities in a nonprofit educational institution does not require permission from the copyright owner.
While copyright protection exists automatically for original works of authorship, there are steps that owners can take to enhance their protections. One important step is registering the work. Although registration is not mandatory, it is necessary for U.S. works if the owner wishes to enforce their exclusive rights through litigation. Registering a work within five years of publication is considered prima facie evidence in a court of law and allows owners to seek certain types of monetary damages and attorney fees if a lawsuit arises.
In conclusion, copyright law protects original works of authorship by granting owners exclusive rights to their works and providing legal recourse in cases of infringement. By understanding and respecting copyright law, creators and consumers can ensure that original works of authorship are properly credited and compensated.
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Literary, dramatic, musical, and artistic works
Copyright law covers literary, dramatic, musical, and artistic works in the following ways:
Literary Works
The Copyright Act defines "literary works" as "works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied." Literary works are typically intended to be read and not performed before an audience. The "Unpublished Collection" registration option has been replaced by the "Group Registration Option for Unpublished Works," allowing for the registration of up to ten unpublished works by the same author.
Dramatic Works
Dramatic works include scripts, lines for performers, and choreographic notations. Any work intended to be performed falls under dramatic works. The author of a dramatic work can apply for copyright protection, which prevents others from reproducing, preparing derivative works, or distributing copies without permission. "Blanket" registration for future scripts or a series as a whole is not available, but an unpublished collection of material may be registered with one application.
Musical Works
Copyright protection for musicians exists from the moment an original work is "fixed" in a tangible medium, such as a recording or sheet music. Musicians have the right to make and sell copies, distribute those copies, create new works based on their original work, and publicly perform or display their work with some limitations. Group registration is available for works on an album of music, allowing for the registration of up to twenty musical works or sound recordings if they have the same author or at least one common author.
Artistic Works
Visual and graphic artists should know that copyright protects original works of authorship, including original pictorial, graphic, and sculptural artwork. A work is considered original if it is independently created and sufficiently creative. Copyright protection exists from the moment the original work is "fixed" in a tangible medium. Artists can register their artwork with the Copyright Office, and they have the right to pursue legal action if their work is used unlawfully without permission, except under statutory exceptions like fair use. Additionally, artists can consider submitting a trademark application for their artwork to protect their brand and identity.
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Audiovisual works
Copyright holders have the right to control most uses of their works. This includes the right to reproduce the work, prepare derivative works, distribute copies to the public, and perform or display the work publicly. For example, if someone creates a movie, they have the exclusive right to reproduce and distribute it. They can also authorize others to exercise these rights on their behalf.
However, it is important to note that fair use doctrine permits the unlicensed use of copyrighted audiovisual works in limited circumstances. Fair use is based on the principle that the public should be free to use portions of copyrighted works for criticism, comment, news reporting, teaching, and research. Courts evaluate fair use on a case-by-case basis, considering factors such as the quantity and quality of the portion used, the purpose and character of the use, and the impact on the market for the original work.
To enhance their rights, copyright owners can register their works. Registration is not mandatory but provides additional benefits, such as the ability to seek monetary damages and attorney fees in litigation. Registered works are also considered prima facie evidence in court if done within five years of publication. While not all audiovisual works need to be registered, it is a good idea to understand the benefits of registration and the exclusive rights provided by copyright law to protect one's creative works effectively.
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Photographs
Copyright laws are designed to protect the creators of "original works of authorship" from having their work replicated without their consent. This includes literary, dramatic, musical, and artistic works, such as photographs.
The copyright holder of a photograph has exclusive rights, including reproduction rights, adaptation (derivative) rights, distribution rights, and public performance and display rights.
Copyright protection for photographs is based on the creative choices made by the photographer when capturing an image. This includes factors such as the angle and position of the subject(s), lighting, and timing. Courts have affirmed that most photographs meet the low threshold criteria of originality required for copyright protection.
It's important to note that copyright law does not protect ideas, facts, or concepts, but rather the specific expression of those elements in a photograph.
Fair Use and Transformative Use
While copyright laws protect photographs, there are exceptions under the concept of "fair use". Fair use allows for limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. For example, an art publication may reproduce a photograph for critique purposes without explicit permission, and a newspaper may publish photographs of artworks in an article, both falling under fair use guidelines.
Courts also consider whether a use is "transformative", meaning it adds something new to the original work. If it is deemed transformative, fair use is generally favoured. For example, appropriation artists who use photographs in collages or significantly alter the work would likely be considered transformative and non-infringing.
Enforcing Your Copyright as a Photographer
If you are a photographer and believe your work is being used without your consent, you can explore resources such as the Copyright Infringement Tool provided by the Professional Photographers of America (PPA) to determine if further action is warranted.
If your work is being infringed upon on a web service or platform, you can send a DMCA takedown notice to the online platform, requesting that the infringing material be removed. This puts the infringer on notice that they are using a copyrighted work without the owner's consent.
Additionally, you have the right to pursue legal action if your work is used unlawfully without your permission, provided it does not fall under a statutory exception like fair use. However, in the United States, you must register your work with the Copyright Office before bringing an infringement lawsuit in federal court.
Copyright laws provide protection for photographers by granting them exclusive rights over their work and offering legal recourse in cases of infringement. By understanding these laws, photographers can ensure their rights are respected and their work is properly credited and compensated.
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Registering a work
Copyright is a form of intellectual property law that protects original works of authorship, including literary, dramatic, musical, and artistic works. While copyright law does not protect domain names, recipes, or band names, it does protect the original expression of ideas, facts, and systems. For instance, a cookbook with a collection of recipes and accompanying literary expression or directions can be protected by copyright law.
- Log in to the Electronic Copyright Office (eCO) Registration System: Access the eCO portal to get started with registering your work.
- Select the appropriate application form: Choose the "Group of Unpublished Works" application if registering multiple unpublished works. For published works, select the relevant form based on the type of work, such as literary, musical, or artistic.
- Provide a non-generic title: Avoid using generic titles like "Untitled" or "Working Title." Choose a unique and descriptive title using Roman letters and/or Arabic numerals, as special characters and diacritical marks are not accepted.
- Submit a completed application form: Ensure that all information on the application is factually accurate. Include any required non-returnable copies or identifying material of the work being registered. If your work is unpublished or only published electronically, an electronic copy is preferred. Otherwise, you may need to submit a physical copy of the "best edition" of your work.
- Pay the associated fee: You can pay the fee online using a credit/debit card, ACH transfer, or deposit account. The payment must be made before uploading copies of your work.
- Upload or submit copies of your work: After completing the application and paying the fee, you will be prompted to upload electronic copies or print out a shipping slip for submitting physical copies to the Copyright Office.
By following these steps, you can register your creative work with the U.S. Copyright Office and protect your intellectual property rights.
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Frequently asked questions
Copyright laws protect a wide range of media, including literary, musical, pictorial, audiovisual, and architectural works. This includes books, poems, songs, photographs, illustrations, movies, and computer programs.
Copyright law does not protect ideas, facts, discoveries, titles, names, short phrases, slogans, or recipes. It also does not protect domain names or trademarks.
Copyright law protects original photographs as soon as they are created and fixed in a tangible form. The copyright owner of a photograph is generally the photographer, but in certain cases, it may be the employer of the photographer. It's important to note that the subject of the photograph does not own the copyright unless it is explicitly transferred to them in writing.
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