Arkansas Copyright Laws

In Arkansas, artists have rights to the works they create.

Copyright laws in Arkansas provide artists and those who employ them the right to ownership of intellectual property. This helps ensure that copyrighted works are not duplicated or sold without the consent of the copyright owners. Arkansas copyright laws comply with federal copyright legislation.

Constitutional Basis

Like all states, Arkansas law must comply with the U.S. Constitution. Article I, Section 8 states, “The Congress shall have power to . . . promote the progress of . . . useful arts, by securing for limited times to authors . . . the exclusive right to their respective writings.” By giving artists and authors ownership rights to works, these individuals may profit from them.

Specific Legislation

A novel is a type of fixed artistic work protected in Arkansas under U.S. copyright law.

When an artist or author in Arkansas creates a work of original expression in a fixed medium, such as a novel, film or lyrics to a song, that piece is automatically protected under copyright law in Arkansas. Artists wishing to further protect works may register pieces with the U.S. Copyright office. Copyrights are valid only for a specific length of time, generally life plus 75 years for works created by individuals and 95 to 20 years for works created under contract for companies. Copyright law does not protect titles, ideas or scientific discoveries; those can be protected under U.S. trademark or patent laws.

Prohibited Use

If a work is protected in Arkansas under copyright law, certain restrictions apply to the use of that work. Only those parties that own copyrighted works may duplicate, distribute, publicly exhibit or otherwise profit from such works. Anyone who illegally uses copyrighted works is subject to federal fines and civil litigation, which may be adjudicated in both federal and Arkansas state courts. Any works copyrighted by residents of Arkansas are covered throughout the U.S. and in nations that comply with international intellectual property laws.

Exceptions

Copyrighted works used for educational purposes may be protected under fair use law.

Works may be duplicated or distributed in Arkansas with the consent of copyright owners. A clause known as the "fair use" clause allows copyrighted works to be used without permission in the state and the U.S. in some instances. When determining fair use, courts consider the purpose of use, the amount of the work that was copied, the nature of the original work and any potential effects on the market of the original work. If there is sufficient innovation, if the work is being used for educational purposes or if the use does not otherwise adversely affect the sales of the original, courts often allow this use without penalty under fair use law.

References

• U.S. Copyright Office: Frequently Asked Questions about Copyright
• Arkansas Law Firm of Wright, Lindsey and Jennings: Intellectual Property
• U.S. Copyright Office: Fair Use
• The National Archives: The U.S. Constitution