Is an Original Work Without a Copyright Label or Disclaimer Still Protected by Copyright Laws?
Copyright is automatic; as soon as an original work comes into existence, it has copyright protection. Creators can use copyright symbols or disclaimers on their work, but the presence of one does not affect the work's legal protection. As long as the work's term has not expired, the work is protected.
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Protection
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Copyright protects original works or expressions of ideas such as sound recordings, poems, plays, poster art, architecture, sculptures and photographs. Whoever creates a work owns the copyright (unless he made the work for hire and the hiring agreement signed over copyright). Copyright gives the holder the exclusive right or monopoly on recreating, copying, using, distributing, adapting, performing, translating, displaying or promoting the work.
Symbols
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Copyright holders can use the copyright symbol if they so choose without any notice or permission from the Copyright Office (unlike the patent or trademark symbol, which holders must have permission to use). However, a symbol does not determine whether a work has protection.
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Terms
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Copyright, like any kind of intellectual property, has a term. Depending on when the work was made, what it is and who made it determines the term, but the international standard is the creator's life plus 70 years (considerable, considering that patents have terms of 20 years). Most works circulating today have copyright protection.
Registration
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Creators can register original works with the Copyright Office and receive a certificate of registration. In court, certificates of registration are indisputable proof of copyright ownership, but other than decorative value, that is their only benefit.
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References
- Photo Credit Copyright symbol black image by Pete Linforth from Fotolia.com
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Comments
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What about photographs made in the late 1800's/early 1900's by a photographer. No photographer name or anything on the photo. Can duplicates be made?
