Rules of Copyright Law
The U.S. Copyright Office protects people's original works. The copyright law is found in Title 17 of the U.S. Code. The law defines what kind of works can be copyrighted, as well as the rights granted to the owner of that copyright. The copyright office accepts applications in the mail and through its website, and also provides for pre-registration of incomplete works. The copyright law also explains the circumstances where copyright infringement will be found when an infringement suit is brought.
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Copyrightable Works
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Title 17 of the U.S. Code is the copyright law. Copyright protection provides exclusive rights to the creator and owner of certain works. The copyright law can protect literary works, such as novels and poetry; motion pictures; musical compositions; sound recordings of songs; artistic works, such as paintings or sculptures; computer software, especially video games; and even architecture.
However, the copyright law does not provide protection for facts and ideas. For a work to be eligible for copyright protection, the work must be original, and it must be in tangible form.
Steps to Copyrighting Your Work
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Once you have created an original work, complete an application and submit it, either online or by regular mail, with the appropriate fee. The fee for copyright registration varies depending upon the kind of work, and the list of fees is available at: copyright.gov/docs/fees.html.
To submit an online application, go to the copyright office's website at copyright.gov. Along with your online application, you must upload your original work and pay a fee.
You can also mail your materials to the copyright office. Complete an application, and send it, along with your fee and two copies of your work to:
Library of Congress
Copyright Office
101 Independence Ave., SE
Washington, DC 20559-6000Once your application package is received, whether online or by regular mail, your work is reviewed to make sure that it meets the requirements of the copyright law and is eligible for copyrighting. If the work is copyrightable, it is assigned a number, and you will be mailed a Certificate of Registration. This process usually takes four months.
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Pre-registration with the Copyright Office
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If your work is incomplete, and you are not ready to register for a copyright, the copyright office has pre-registration. Pre-registration can protect your work if you have started it but not finished it or if there is a possibility that someone might infringe or steal your work before you release it. Pre-registration can be completed by submitting an online application, including an expected completion or release date for the work, and a $115 fee. Works that are eligible for pre-registration are those being prepared for distribution, which are currently unpublished, and are one of the following:
--musical compositions and recordings
--photographs for an advertising or marketing project
--computer programs (especially video games)
--motion pictures
--literary works awaiting publication
Copyright Owner's Rights
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Once you have a valid copyright for your work, you, as the copyright owner, have several exclusive rights. Those rights include:
--the right to reproduce your work (make copies of it).
--the right to make a derivative work (recreate your work in a new format). For example, turning a novel into a motion picture or creating a sequel to a novel or motion picture.
--the right to distribute copies of your work. For example, to sell novels or DVDs or a motion picture.
--the right to perform the work publicly. For example, the playing of a motion picture in theaters or performing music at concerts.
--the right to display the work publicly. For example, the hanging of a painting or displaying of a sculpture in an art gallery.
Copyright Infringement
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If the owner of a copyright believes someone has stolen his work, he can bring a copyright infringement lawsuit. To prove the copyright infringement of his work, the plaintiff must show:
--the plaintiff has ownership of the copyright at issue; and
--the originality of the plaintiff's copyrighted work; and
--that the defendant had access to plaintiff's work and copied it; and
--that there is a substantial degree of similarity between plaintiff's copyrighted work and defendant's work.
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