Cecily Zamora
Copyright law is a form of intellectual property law that protects original works of authorship, including literary, dramatic, musical, and artistic works. It grants the creator exclusive legal rights to produce, reproduce, publish, or perform their work. This means that copyright law applies to all original works that fall under these categories, such as books, movies, songs, computer software, and architecture. The purpose of copyright law is to protect the owners of creative works while encouraging creativity and the exchange of ideas. It is important to note that copyright law does not protect ideas, concepts, systems, or methods of operation, but rather the expression of these things.
What You'll Learn
When is copyright automatic?
Copyright protection is automatic from the moment a work is created. This means that registration is not required to protect your work. However, registration is highly recommended as it provides numerous benefits. These include the ability to bring an infringement action, evidence of validity, statutory damages and attorney's fees, the creation of a public record, and the satisfaction of deposit requirements.
In the United States, copyright is a form of protection granted by law for original works of authorship fixed in a tangible medium of expression. This includes both published and unpublished works, covering literary, dramatic, musical, and artistic works. Copyright does not protect facts, ideas, systems, or methods of operation but may protect the way these things are expressed.
Similarly, in Canada, copyright protection exists automatically as soon as a work is created and fixed in a material form, provided that the conditions of the Copyright Act have been met. This includes original literary, dramatic, musical, and artistic works.
It is important to note that while copyright protection is automatic, registration provides additional benefits and strengthens your case against infringers. The specific laws and benefits of registration may vary depending on your jurisdiction, so it is recommended to consult the relevant copyright laws in your country or region.
Overall, copyright protection is essential for creators and authors to have exclusive rights over their original works and ensure they receive credit and compensation for their creativity and labour.
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What does copyright protect?
Copyright is a form of intellectual property law that protects original works of authorship. This includes literary, dramatic, musical, and artistic works.
Literary works can include poetry, novels, and songs. Dramatic works include plays and motion pictures, such as movies. Musical works include songs and musical compositions. Artistic works include paintings, photographs, illustrations, architectural works, and drawings.
Copyright also protects computer software and architecture. However, it is important to note that copyright does not protect facts, ideas, systems, or methods of operation. It also does not protect titles, names, short phrases, slogans, symbols, or designs.
Copyright protection is automatic and exists as soon as a work is created and fixed in a tangible form. This means that the work must be captured in a permanent medium, such as being written down or recorded, so that it can be perceived, reproduced, or communicated for more than a short time.
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What doesn't it protect?
Copyright law does not protect facts, ideas, concepts, systems, procedures, methods, processes, or methods of operation. However, it may protect the way in which these things are expressed. For example, a recipe or formula accompanied by a substantial literary explanation or directions can be protected by copyright. Similarly, a collection of recipes in a cookbook can be protected.
Copyright law also does not protect titles, names, short phrases, slogans, familiar symbols or designs, or mere variations of typographic ornamentation, lettering, or colouring. Domain names are not protected by copyright law, but they may be protected under trademark law.
In the case of architecture, copyright law does not protect architectural designs embodied in buildings constructed before a certain date. In the US, this date is December 1, 1990.
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How long does copyright last?
The length of copyright protection depends on several factors, including the date of creation, whether it has been published, and the date of first publication.
In the US, for works created after January 1, 1978, copyright protection typically lasts for the life of the author plus an additional 70 years. For anonymous, pseudonymous, or hired works, the copyright lasts for 95 years from the year of first publication or 120 years from the year of creation, whichever comes first. For works published prior to 1978, the term varies depending on several factors.
In Canada, as of December 30, 2022, the term of copyright is life plus 70 years for the author. This is an extension of 20 years from the previous term of life plus 50 years. The extension is not retroactive, and only works protected by copyright on or after December 30, 2022, will receive the additional 20 years of protection.
Prior to the change in Canadian copyright law, some suggested that 25-28 years after the death of the author was a good timeframe for copyright protection. This would provide financial stability for the author's dependents and allow the work to remain beneficial to humanity by becoming widely available and inspiring new works before entering the public domain.
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What is infringement?
Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder. The rights afforded to the copyright holder, such as the exclusive use of a work for a set period, are breached by a third party.
Copyright infringement occurs when a copyrighted work is reproduced, distributed, adapted, publicly displayed, or made into a derivative work without the permission of the copyright owner. This includes all manners of distribution (selling, broadcasting, performing, etc.), adaptation, or other copying of the work. Infringement can occur whether or not the violating party seeks monetary gain through the use of the material in question, though any argument against infringement is usually considered stronger without a profit motive.
Copyright infringement can occur in a variety of ways, including:
- Illegally downloading music files
- Uploading someone else's copyrighted material to an accessible webpage
- Downloading licensed software from an unauthorized site
- Modifying and reproducing someone else's creative work without making significant changes
- Recording a movie in a theatre
- Distributing a recording of a TV show or radio broadcast
- Including someone else's photographs on a website without permission
- Publishing or posting a video with a copyrighted song to a company website
- Selling merchandise that includes copyrighted images, text, or logos
It is important to note that copyright infringement is illegal and can result in civil or criminal penalties. Individuals or companies who develop new works can register for copyright protection to ensure they can profit from their efforts and prevent infringement.
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Frequently asked questions
No, copyright law does not protect facts, ideas, concepts, systems, or methods of operation. However, it may protect the way these things are expressed.
No, copyright law does not protect domain names. However, domain names may be protected under trademark law.
No, works in the public domain are free for anyone to use without permission or the payment of royalties. A work falls into the public domain when the copyright term expires or if the copyright owner dedicates it to the public domain.
