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Copyright law - The 6 Secrets To Eliminate Writing Thieves

[ Posted On: 2007-03-29 ]

Copyright protection is a topic of discussion in the media. It seems like as we open the newspaper there is another piece concerning it. Turn on the radio and a famous actress or musician is supporting the importance of it. From Napster and file sharing debates to dvd movie duplication, copyright is wherever you look. In this story we will explain copyright and as an overview, look at the reasons why you would copyright their work and list types of creations that can be copyrighted.

Copyright and what it is

Copyright is a set of individual rights regulating the use of a particular communication of a thought or information. In its simplest form, it is actually "the right to copy" an original creation. In most cases, these rights are of limited length. The symbol for copyright is , and in some areas may alternatively be marked as either (c) or (C).

The rules of copyright

Copyright may protect many creative, intellectual, or artistic forms or "works". These include poems, theses, theatrical plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, sculptures, photographs, drawings, software, radio and television performances of live and other broadcasts, and, in some countries, industrial designs. Designs or industrial designs may have separated or overhanging laws applied to them in some areas. Copyright is one of the laws covered by the greater term 'intellectual property'.

What does it not protect

Copyright law covers only the unique form or manner in which ideas or information have been manifested, the "form of material expression". It is not designed or intended to cover the actual idea, concepts, facts, styles, or mechanics which may be suggested by the copyright product.

For example, the copyright for the Donald Duck cartoon forbids unapproved people from distributing copies of the cartoon or making derivative works which mimic the Donald Duck cartoon.

But it does not prevent anyone from creating a cartoon duck. As long as it is different enough from Donald Duck. Other laws may require legal restrictions on duplication or use where copyright doesn't. That's when trademarks and patents can be applied.

Length of copyright

Copyright has a number of lengths in different jurisdictions, with different categories of works and the length it exists also depends on whether your work is published or unpublished. In most parts of the world the default term of copyright for many works is time of death of the author plus 50 years. The copyright always expires at the end of the year concerned, rather than on the precise date of the death of the author.

Public domain and copyright

So when is a book is in the public domain? In the states, all books and other items published before 1923 have expired copyrights and are in the public domain, and all works created by the United states government, regardless of date, enter the public domain upon their creation.

But if the intended use of the book includes publication (or distribution of a film based on the book) outside the United states, the arrangement of copyright around the world must be deliberated.

If the author has been deceased more than 70 years, the work is in the public domain in most countries.

Transfers

Under the U.s. Copyright Act, if you want to transfer ownership of your copyright it must be transferred in writing. No special transfer form is required. A common document that specifies the work involved and the rights being allowed is good enough.

Non-exclusive grants (often called non-exclusive licenses) need not be in writing under United states law. A non-exclusive grant is when you allow someone to utilize your work by giving them your approval. For example, you allow a writer to include a paragraph of your textbook in his work. Your approval can be oral or even implied based on the behavior of all the parties involved.

Transfers of copyright ownership, including exclusive licenses should be formally entered in the U.S. Copyright Office. While recording is not required to make the grant effective, it offers important benefits, just like you would get from filing a real estate deed when you buy a property.

Now what?

You can download the paperwork yourself from the US Copyright Office at www.copyright.gov. This is the cheapest option available, at the time of this writing the US Copyright Office commonly charges $30 per submission. You will need to choose the right form for your work type, but the Copyright Office does a fairly good job of organizing their forms so users can find what they need. Browse through their online Help for instructions on how to fill out the forms and what materials you will need to send in. With a little investigation and work you can do it all yourself. If you need more support there are many commercial websites that will help.

Article Source: http://www.afroarticles.com/article-dashboard

About The Author: Jim Wilson -- Sign up for a free course on getting published: Writers-Publish.com. For more info on copyright Writers-Publish.com/copyright

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