Establishing Copyrights
Copyrights may be utilized to secure the artistic Works of authors and artists. Works, a defined term under the Copyright Act, can include various forms of artisitc endeavor, such as text, tunes, sculptures, paintings and photography. Computer programs are textual, and so subject to copyrights as the writings of an author.
Copyrights arise when a Work is "fixed" by an author or artist in a tangible medium of expression, which medium is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. Copyrights may be perfected in the U.S. by registration with the Library of Congress Copyright Office.
Term of Copyright
The term of a copyright in the U.S. is the life of the author plus 70 years in the case of an individual. In the case of a corporation, the term of copyright is 75 years.
Copyright Notice and Registration
Although a copyright notice is not technically required to avoid a waiver of copyrights, it is recommended that the copyright notice be placed on any work to be published or otherwise disseminated. A valid copyright notice consists of the name of the copryright owner, the year in which the work was first published, and the word "Copyright," the abbreviation "Copr.," or the symbol "©."
It is also recommended that the copyrights in any work of any substantial value be registered promptly. Certain additional remedies and advantages flow from the registration of a copyright, particularly where the copyright is registered prior to copying by an infringer. Such remedies include the right to recover damages provided by statute where proof of actual damages may be difficult, and attorneys' fee for owners who prove infringement.
Who May File an Application
Writer or Artist - Copyrights vest initially in the author or artist. An author or artist may therefore apply to register her copyrights in the U.S. with the Copyright Office of the Library of Congress.
Assignee - A transfereee of copyrights from the author or artist may also apply to register the copyrights derived from the author or artist. It is important to note, however, that a transfer of copyright ownership, other than by operation of law, is not valid unless it is in writing, and signed by the owner of the rights conveyed or the owner's authorized agent.
Employer (Work for Hire) - Employees and other owners by operation of law may register their copyrights in "Works made for hire," which are:
Laws and Rules Governing U.S. Copyrights
Copyrights in the U.S. are governed only by Title 17 of the United States Code (17 U.S.C.), and rules and regulations thereunder.
International Extension of Copyrights
Copyrights to a Work arise in almost all countries under international treaties or local national law, and almost always without the necessity of applying a copyright notice to a registered Work. However, enforcing copyrights necessarily involves consideration of both applicable international treaties and local law in light of where an infringement takes place, where the copyright originates, and where the copyright is to be enforced. As a simple example, copyrights arising upon creation of a Work in the United Kingdom are valid in the U.S. without notice or registration, however, an action for infringement cannot be maintained in U.S. courts unless the copyrights to that Work are recorded with the Library of Congress, U.S. Copyright Office.