Copyright Law

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How do I obtain and protect a copyright?

Can I use someone else’s copyrighted work?

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What is a “copyright?"

A "copyright" prevents others from copying or creating "derivative" works from what a person has written, authored or otherwise created.

What does copyright protection cover?

Copyright protection exists for original works of authorship that involve some minimal level of creativity. The work must be fixed in a tangible medium of expression so that it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine/device.

Works of authorship include: (1) literary works; (2) musical works; (3) dramatic works;(4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audio-visual works; and (7) sound recordings.

Ideas, concepts, principles, or methods of operation are not subject to a copyright, but the original work that is authored or created from such ideas or concepts may become subject to a copyright.

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How do I obtain and protect a copyright?

Copyright protection arises on creation of a work, without formal action on the author’s part. However, it is wise to always place a copyright notice - typically a "c" inside a circle (©), with a year next to it and the name of the copyright holder on every publication of the work.

Can I use someone else’s copyrighted work?

Copyrighted work may be used for certain purposes by people other than the copyright owner under the doctrine of "fair use." "Fair use" includes reproduction for specific and limited purposes such as:

criticism and comment; news reporting; teaching, scholarship, and research.