Artist Copyright Laws
Copyright law gives artists the ability to protect their original works from being reproduced, sold or used without their consent. The Constitution gives Congress the power to establish copyright requirements in the United States.
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U.S. Constitution
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The Constitution states that Congress has 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." The Constitution does not define who "Authors" or "Inventors" are. Therefore, it's up to Congress and the courts to clarify the meaning. Generally, they have applied these terms to anyone who produces original work.
Copyright Act of 1976
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The main copyright legislation in effect today is the Copyright Act of 1976, known as the CA. This law expanded the types of works that can be copyrighted and expanded the copyright term. Under the CA, copyrights generally last for the lifetime of an individual author or artist, plus 70 years. (Previously, they were entitled to 28 years plus one 28-year extension.) The CA also gave corporations, anonymous or pseudonymous authors or artists, and authors or artists who work "for hire" a copyright term of 95 years. Further, the CA extended copyright protection to unpublished works; previously, only "published" works could claim copyright protection.
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Berne Convention Implementation Act of 1988
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The Berne Convention Implementation Act of 1988 changed the notice requirement for a copyright. Previous federal copyright law had required artists to give notice on all works that copyright protection was claimed. An artist gave notice if he provided the following information on his work: "Copyright" or "©," name and year. For example, if a sculptor who finished a work in 1982 chiseled on the bottom of his sculpture the phrase "© John Sculptor 1982," then he would have satisfied the notice requirement. If not, the sculpture would not be copyright-protected. The Berne Act dropped the required notice. Works are now protected regardless of whether they carry a copyright notice.
Copyright Requirements
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Federal copyright law imposes three requirements for copyright protection. First, work must be a "copyrightable subject matter". For example, books, TV shows, music, movies, plays, and "choreographic notes" are considered things that are "copyrightable subject matter". Second, the work must be fixed in a "tangible medium of expression". This means that the work can be handled and touched. And third, the work must be an original work of the artist.
State Copyright Law
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Federal law superseded state copyright law. The CA states that when it comes to copyrights, "no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State."
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