The Basics of Copyright: What Every Creator Should Know
The Copyright Act of 1976
In a world full of innovation and artistic expression, the Copyright Act of 1976 stands as the cornerstone of creative rights in the United States. Since its passing, this landmark legislation has played a crucial role in fostering an environment where artists, writers, musicians, and other creators can thrive. At Ascend Law, we understand the importance of this legal framework in not just protecting your work, but also in empowering your creative journey. Let’s explore how copyright law in the United States incentivizes participation in the arts, and what it means for you as an author or creator.
What is a Copyright?
A U.S. copyright is a legal right granted to the creator of an original work, providing exclusive control over how that work is used, distributed, performed, displayed, and reproduced. These rights, commonly referred to as the “bundle of rights,” are meant to encourage creativity by ensuring that creators can benefit from their work and have control over how it is shared and utilized.
Copyright applies to original works of authorship once that work is fixed in any tangible medium of expression. A work is original if it is the product of the creator's own creativity and not copied from another source. The work must also be “fixed in a tangible medium of expression”, such as being written down, recorded, or otherwise captured in a physical or digital form that can be perceived or reproduced. Copyrightable works of authorship include literary works, musical works including accompanying words, dramatic works; pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works.
What Are the “Bundle of Rights?”
Under copyright law, the "bundle of rights" refers to the collection of exclusive rights granted to the creator (or copyright holder) of an original work. These rights allow the creator to control various uses of their work and to benefit from it financially. Here’s a detailed breakdown of each component of this bundle:
Distribution. The distribution right gives the copyright holder control over the sale, rental, or lending of copies of the work. This right includes the ability to decide how the work is disseminated (or distributed) to the public. Examples include selling copies of a book, distributing a movie on DVD, or renting out copies of a software program.
Reproduction. The right to reproduce or copy a work means the creator controls the making of copies of the work. This includes the ability to authorize or prohibit the duplication of the work in any form, whether physical or digital. Examples of reproduction include printing additional copies of a book, making photocopies of a document, or creating digital copies of a photograph.
Public Display. The public display right allows the creator the exclusive right to display or show the work in a public space where others can view it. This right is especially relevant for visual and audio visual works. Examples include displaying a painting in a gallery, showing photographs in an exhibition, or putting a sculpture in a public space.
Public Performance. This right allows the creator to control the performance of the work in public settings. Public performances involve any presentation of the work where it is accessible to an audience outside of the private domain. Performing a play or musical composition in a theater, playing a song in a concert, or broadcasting a television show are all examples of the public performance right.
Create derivative works. This right allows the creator to create, authorize, or prevent adaptations or modifications of the original work. Derivative works are new creations that are based on or derived from the original work. Writing a sequel to a novel, adapting a book into a film, creating a remix of a song, or translating a work into another language are all examples of derivative works.
What is Not Protected Under Copyright Law?
The "idea-expression dichotomy" is a fundamental principle in copyright law that distinguishes between non-protectable ideas and protectable expressions of those ideas. This principle helps to delineate what aspects of a work are eligible for copyright protection and what aspects are not. Copyright does not protect abstract ideas, concepts, or general themes. Ideas themselves are not subject to copyright because they are considered to be in the public domain, available for anyone to use and build upon. Because of this, when sharing ideas with another party in a business relationship, it is good practice to utilize a non-disclosure agreement (NDA) to protect ideas that are otherwise not protected by copyright law.
Copyright protects the way an idea is expressed or manifested in a tangible form. This means that while the underlying idea or concept cannot be copyrighted, the specific way in which the idea is articulated, written, illustrated, or otherwise presented can be.
How Long Does Copyright Protection Last?
Because copyright protection grants to the author a limited monopoly on their work, a copyright lasts for a specific period, typically the life of the author plus an additional number of years (e.g., 70 years in the U.S. for works created by individuals). For works created for hire or anonymous works, the duration is different. After the copyright term expires, the work enters the public domain and can be freely used by anyone.
Registration and Infringement
Although a work is technically protected as soon as it is fixed in any tangible medium, a valid copyright registration is required to initiate a copyright infringement lawsuit. Registration with the U.S. Copyright Office serves as prima facie evidence of copyright ownership and validity (if the registration occurred within five years of the work's first publication). The statute of limitations to bring a civil infringement lawsuit is three years from when the claim of infringement accrued.
Unauthorized use of any of a creator’s rights without permission can result in copyright infringement, which may lead to legal action and remedies for the creator. To establish infringement, two elements must be proven: (1) ownership of a valid copyright (proven by registration) and (2) copying of the original elements of the work. Copying can be established by showing that the defendant had access to the plaintiff’s work and evidence that the protected work and the work at issue are substantially similar.
Conclusion
In conclusion, understanding what a copyright is and how it works is essential for navigating the complex landscape of creative works and intellectual property. By protecting the rights of creators and ensuring they receive recognition and compensation for their efforts, copyright law helps foster innovation and enrich our cultural and artistic heritage. As digital media continues to evolve and intersect with our daily lives, being informed about copyright laws helps us respect the rights of others while also safeguarding our own creative contributions. Embracing the principles of copyright not only upholds legal standards but also supports a thriving and diverse creative ecosystem.
Contact Us
At Ascend Law, we are dedicated to ensuring that your copyrightable ideas are protected from unauthorized use. Our experienced attorneys are here to help you navigate the complexities of copyright registration. Contact us today to discuss how we can assist you in safeguarding your work and maximizing your intellectual property assets.