What are Copyright Laws?
Copyright is a form of protection granted to authors of original works. The copyright gives the author exclusive rights over his or her work, with certain limitations.
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History
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The origins of copyright laws can be traced back to England. Specifically, the statute of Queen Anne, which was enacted in 1710 and established an authors exclusive ownership right to his or her works for a set period of time (fourteen years).
In the United States, copyright laws have their basis in the U.S. Constitution, Article I, Section 8, clause 8, which states that Congress shall have the power to "Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
Requirements
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There are two notable requirements for something to have copyright protection. The work must be original. This means that the author must have engaged in some intellectual endeavor and not merely copied the work from a pre-existing source. In addition, the work must contain a minimal amount of creativity--de minimus works are not protected. A work only qualifies for protection if it is fixed in a tangible medium of expression. In other words, a medium where it is able to be perceived, reproduced or otherwise communicated for a period of more than transitory duration.
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What Is Not Protected?
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In addition to work that does not meet the aforementioned requirements; certain categories of work are generally not eligible for federal copyright protection. These include ideas, procedures, methods, systems, processes, concepts, titles, names, short phrases and works consisting entirely of information that is common property (i.e. calendars, tape measures).
Copyright Registration
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Copyright registration is not necessary. Copyright exists from the moment the work is created. However, registration can be beneficial. Among other things, registration is necessary before you can bring a lawsuit for infringement.
Misconceptions
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Many people believe that sending a copy of your own work to yourself amounts to registration. Often, this is referred to as a "poor man's copyright." There is, however, no truth to this and the process will not substitute for registration.
Many people believe that a copyright is only effective within the United States. This, however, is not entirely true. The United States has agreements with several countries to honor the respective citizens copyright. However, there are some countries in which the United States does not have any such agreement.
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References
Resources
- Photo Credit creativecommons.org MikeBlog
