Explanation of Copyright Law
Copyright provides protection to creators of materials in a tangible or fixed form. Any tangible form of expression may be copyrighted. This includes but is not limited, to plays, essays, original dance moves, songs and computer graphics. Its creator may copyright material that is saved on a hard drive, recorded or reproduced on paper. The creator of the material has exclusive rights regarding reproduction, creation of derivative works, distribution and display of the work.
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U.S. Copyright
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Under the Sonny Bono Extension Act of 1998, material published or registered in the U.S. before January 1, 1978, is protected for a total up to 95 years. This includes the initial copyright and years added if the copyright is renewed. Materials that are published or registered after January 1, 1978, are protected for the creator's life plus 70 years.
International Copyright Law
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There is not an international copyright law. However, there are reciprocal agreements under the Universal Copyright Convention (UCC) and the Berne Convention. Authors who are citizens of a member country will enjoy copyright protection in other member countries.
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Ownership of Copyright
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Copyright belongs to the author of the work or those deriving rights through the author. Copyrighted work created by a person in their capacity as an employee belongs to the employer.
When more than one artist creates work jointly, the artists are co-owners of the copyright unless some other agreement has been entered.
Transfer of Copyright
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Buying copyrighted material does not give ownership of the copyright. The author of the copyrighted material may transfer ownership of the copyright. The transfer must be in writing signed by the owner of the copyright or an authorized agent.
Public Domain
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Material that is no longer under copyright is considered public domain. Caution should be exercised since subjects of photographs in the material may still be copyrighted.
Used With Permission
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The use of material with the author's permission does not give the user the authority to claim the copyright. The copyright remains with the author of the material. Citing the source of the material protects the user in case the source does not have ownership of the copyright. When using materials with the author's permission, the user needs to comply with the owner's conditions and terms.
Fair Use
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Fair use refers to limitations of the rights of the author. The concept of fair use is not exact. The user of copyrighted material must consider specific factors. Certain applications of copyrighted material are less likely to be considered fair use. Simply copying the material will probably not qualify. Reproduction of artistic work is less likely to be considered fair use. Uses that negatively affect the author's personal economic gain would probably not be fair use. If the user is uncertain whether or not the application falls under fair use, seeking permission of the author is an option.
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References
Resources
- Photo Credit sign of the copyright, silver bevel symbol image by PaulPaladin from Fotolia.com
