What Is Software, Book and Music Copyright?
When someone creates something original--such as computer software, a book or music--he does not want anyone else to use it in a way that he never intended. Copyright law was enacted to give rights to people who create original works. It defines what can be copyrighted, the rights given to creators and when there is copyright infringement.
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Copyright Law
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Title 17 of the United States Code contains the Copyright Act. Copyright law protects original creations that are expressed in a tangible form. Authors, musicians and computer software creators can register their works with the United States Copyright Office and be afforded all the protections granted to copyrighted works.
U.S. Copyright Office
101 Independence Ave. S.E.
Washington, D.C. 20559-6000
202-707-3000
Categories of Copyrightable Works
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Copyright law protects many kinds of creative works. Some examples include: literary works, like books; computer programs, or software; and music.
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Copyrights for Computer Software
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Computer programs are defined as a set of code or instructions that, when input into a computer, create a specific result. Copyright law considers computer programs literary works or visual arts works, depending upon what the program contains. If the software is primarily source code, it is a literary work because it contains mostly alphanumeric characters. However, if the software is pictures or graphics, it is a visual arts work.
However the software is categorized, once it is copyrighted, the creator is granted several rights. They are: the right reproduce the software; the right to distribute or sell copies of the software; and the right to create a derivative work, like a game sequel or an updated version of the computer program.
There is an exception to the right of reproducing software. Users who purchase a legitimate original copy of software are permitted to create a backup or "archival" copy for personal use only.
Copyrights for Books
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Books are copyrightable under the literary works category. Authors are granted the rights to: reproduce the book; distribute or sell any copies of the book; create a derivative work, for example, writing a sequel to the book or creating a screenplay to turn the book into a movie; display the work in public; and perform the work in public, as in reading a poem or putting on a play.
Copyright law is in place to prevent illegal photocopying of books or plagiarism. While excerpts of books can be photocopied on a limited basis for education purposes, books must be legitimately purchased to insure that an author gets all the royalties due. Plagiarism is copyright infringement. Text from a book can be used for research or academic purposes, but the author must be given credit.
Copyrights for Music
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Music is given two separate copyrights. The musical composition, including any words, has one copyright, and the sound recording has its own copyright. The composition is the sheet music and lyrics, while the sound recording is a performance of the composition fixed on phonograph, tape, disc or digital medium.
Musicians and composers get several rights with regard to their copyrighted music, including the right to reproduce the sheet music or sound recording; the right to distribute or sell any copies of the work; the right to perform the work in public; and for sound recordings, the right to digitally transmit the work publicly.
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References
Resources
- Photo Credit black copyright symbol image by Angie Chauvin from Fotolia.com
