Copyright Law Facts
Copyrights support a capitalist economy by helping the creators of original forms of expression receive the beneficial advantages of their work. The Copyright Office at the Library of Congress is responsible for cataloging all active copyrights in the United States.
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Function
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Copyrights protect any original work of authorship, such as poetry, novels, movies, songs, computer software, architecture and others--but not inventions, discoveries or identifying marks.
History
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In the United States, copyright law goes back as far as the Constitution, which gives Congress the authority "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."
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Time Frame
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A copyright is established from the moment a work is produced, even if it is never registered, and continues until 70 years after the author's death.
Features
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Registering a work for copyright protection requires submission of an application form to the PTO, along with a nonrefundable filing fee ($35 if registering online or $45 if registering with a paper application), and a copy of the copyrighted work (see Resources).
Considerations
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Registration is required before a lawsuit for infringement can be brought, even if registration occurs after the infringement. The so-called "poor man's copyright," which consists of mailing an original work to oneself, does not count in this regard.
Filing
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The three elements of registration--the form, the copy and the fee--must be received together or they will not be processed.
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Resources
- Photo Credit Public Domain
