Copyright infringement - 6 Ways To Get Rid Of Plagiarism
Reference & Education → Writing & Speaking
- Author Jim Wilson
- Published April 4, 2007
- Word count 817
Copyright protection is becoming a hot issue for everyone. It appears that every time we open the newspaper there is another piece touching it. Turn on the tv and a popular actor or performer is talking about the importance of it. From Napster and file sharing controversies to feature film duplication, copyright is everywhere. In this article we will define copyright and at a basic level, look at the reasons why you would copyright their work and list types of work that can be copyrighted.
What is copyright
Copyright is a set of prohibitive rights regulating the use of a particular expression of a thought or information. At its most general, it is just "the right to copy" an original creation. In most cases, these rights are of limited duration. The notation for copyright is , and in some jurisdictions may alternatively be printed as either (c) or (C).
Copyright rules
Copyright may apply to a variety of creative, academic, 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 areas, industrial designs. Designs or industrial designs may have distinct or overhanging laws applied to them in some jurisdictions. Copyright is one of the laws covered by the overarching term 'intellectual property'.
What is not protected by copyright
Copyright law covers only the unique form or manner in which ideas or information have been created, the "form of material expression". It is not designed or intended to cover the particular idea, concepts, facts, styles, or mechanics which may be demonstrated by the copyright work.
For example, the copyright for the Donald Duck cartoon denies unauthorized persons 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 demand legal restrictions on production or use where copyright doesn't. That's when trademarks and patents can be utilized.
Length of copyright
Copyright has a variety of time periods in different regions, with different categories of works and the length it is in existence for also depends on whether your work is published or unpublished. In most regions the default duration of copyright for many works is 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: after your copyright ends
So when is a book is in the public domain? In the u.s., all books and other items published before 1923 have expired copyrights and are in the public domain, and all works created by the U.s. 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 weighed.
If the author has been deceased more than 70 years, the work is in the public domain in most areas.
Can you transfer your copyright
Under the U.s. Copyright Act, if you want to transfer ownership of your copyright it must be transferred in writing. No special transfer paperwork is required. A common document that identifies the work involved and the rights being allowed is adequate.
Non-exclusive grants (often called non-exclusive licenses) need not be in writing under U.s. 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 novel in his work. Your allowance 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 filed in the U.S. Copyright Office. While fileing is not imperative to make the grant effective, it offers important benefits, just like you would get from submitting a real estate deed when you purchase a house.
What to do
You can download the paperwork yourself from the US Copyright Office at www.copyright.gov. This is the most economic option obtainable, at the time of this writing the US Copyright Office frequently charges $30 per submission. You will need to pick 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 files for instructions on how to fill out the forms and what materials you will need to submit. With a little research and work you can do it all yourself. If you need additional help there are several commercial websites that will help.
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