Copyright protection now 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. You can obtain a formal copyright, that provides certain rights, by filing an application with the Federal Copyright Office of the Library of Congress. You do not need to apply or register to have a copyright; you receive copyright protection when you create the work. The instant you use your pencil, typewriter or computer to produce something original it is subject to copyright protection provided it is a copyrightable subject matter. However, registering your work with the Copyright Office expands your protections and sometimes can be done without disclosing the entire work. Depositing a copy of your work with the U. S. Copyright Office within 90 days of creation also protects your work by providing a legal record of the creation date and allowing others to have notice of your ownership rights.
Registration with the Copyright Office includes the filing of a copyright claim application, payment of the $30 registration fee, and deposit of at least 2 copies of the work. Accelerated registrations are available for a fee that is substantially higher than that charged for routine registrations. There are several different forms available and you must use the form corresponding to the type of work for which protection is being sought:
■Form TX for published or unpublished non-dramatic literary works; ■Form VA for visual arts; ■Form SE for periodicals and serial works; ■Form SR for published or unpublished sound recordings; and■Form PA for published or unpublished works of the performing arts;Copyright protection exists for original works of authorship that involve some minimal level of creativity.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.
Copyright protection is available only for “original” works that are “fixed” in a “tangible medium of expression”. Copyright protection is not limited to works of artistic merit or those that receive critical acclaim; you can obtain the benefits of copyright protection for an “original” work regardless of its quality. However, in order to qualify for copyright protection, the work must have involved some minimal level of creativity.
The courts have not precisely defined how much creativity is “enough” of a creative spark to warrant copyright protection. Generally, courts have held that blank forms and alphabetical lists do not possess sufficient originality to constitute copyrightable works. Courts have also held that lists which are arranged, selected or organized in an original manner may be subject to copyright protection.
All that it takes for a work to be regarded as “fixed” is that it must be able to be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
As to the need for a “tangible medium of expression”, almost any form of expression will qualify, including jottings on a napkin, an E-mail message, and a self-recorded dictating tape. However, a speech that you deliver from memory or song that you blurt out would not be a tangible medium of expression, unless recorded.
Works “in the Public Domain” refers to created material which either by law does not get copyright protection or their protection under the law has lapsed. By definition, materials in the public domain do not have copyright protections and thus you do not need the owner’s permission to use these materials.
Contrary to the wording, however, whether materials are public has no relationship to whether they fall into the Public Domain. This mistaken notion has somehow led many to believe that everything on the Internet is public and therefore in the Public Domain and thus freely usable without permission. This is completely false.
The following works do not qualify for copyright protection:
(1) Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded);
(2) Works without enough “originality” (creatively) to merit copyright protection: titles, names, short phrases, and slogans; familiar symbols or designs; font design; ingredients or contents; facts; blank forms, etc. As there is great tension here between granting incentive and financial reward when something is worthy, but not granting it to things so basic and commonly used that everyone would be forced to pay, the law is somewhat unclear in this area.
A copyright is the exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work. The creator of the work has a limited monopoly on the work and can, with some exceptions, prohibit others from copying or displaying the work. Copyright law protects such works as writing, music, artwork, and computer programs.