Something that is copyrighted is called a "work." produce copies of the work sell those copies export or import the work create derivative works perform the work assign the copyright of the work to another broadcast the work Copyright protection generally lasts the author's entire life and for a time after the author's death, in the US 50-70 years. Although copyright is generally given to the original creator of the work, if the author is in the employ of another who has paid him create the work, it is the employer who becomes the owner of the work. The first large copyright law is the Berne Convention, created in 1886 in Berne, Switzerland. This allows an author an automatic copyright as soon as the work is "fixed," for example, written down or recorded. Under the Berne Convention, an author does not need to apply for a copyright, because the copyright is automatic. The USA signed the Berne Convention in 1989. The owner of a copyright may assign or transfer their rights to another. For example, a musician can transfer their recording rights to their publishing company. A partial transferring of rights is also allowed. The transfer must be in writing and should be recorded with the U.S. Copyright Office. In the United States, it should also be noted that it is legal for an outside agency to use a copyrighted work to produce large print and Braille versions without first receiving permission from the copyright holder.
Copyright Laws exist to promote creativity and free trade. A copyright gives an author full credit for his or her work, including the rights to:
Copyright only protects the form of the work. It does not protect the idea of the work. (For example, the law protects the character called "Sponge Bob," but does not protect the idea of a talking sponge.)
Materials eligible for copyright include
In 1910, The United States signed the Buenos Aires Convention, which required the phrase "All rights reserved" be affixed to the copyrighted material. As of 2003, all parties of the Buenos Aires Convention are also parties of the Berne Convention. Because of this, the phrase "all rights reserved" has become obsolete.
In 1995, the Berne Convention became part of the World Trade Organization's "Trade-Related Aspects of Intellectual Property Rights" (TRIPS) agreement, giving the Berne Convention almost world-wide application.
In 2007, the United States signed The Anti-Counterfeiting Trade Agreement (ACTA), which is to protect an author from the counterfeiting of his works. This includes the counterfeiting of goods and all other copyrighted works, including internet properties. As of this writing, negotiations are still being worked out with other countries.
In the United States and all countries where the Berne Convention applies, copyright is automatic, and need not be obtained through official registration with any government office. Once a work is fixed in a tangible form, the author has the right to that property. However, if the owner of an original work should need to go to court for any reason, especially to secure damages and/or to pay lawyer fees, the work must be registered with the US Copyright Office. This is considered "prima facie" (first face). More commonly known as "burden of proof," prima facie is required to prevent spurious lawsuits.
The U.S. Copyright Office no longer accepts the "Poor Man's Copyright" as proof of ownership. Quoted from http://www.copyright.gov/help/faq/faq-general.html:
"The practice of sending a copy of your own work to
yourself is sometimes called a “poor man’s copyright.”
There is no provision in the copyright law regarding any
such type of protection, and it is not a substitute for registration"
Copyright law does not restrict a person from reselling a work that was legitimately obtained.
Copyright law does not prohibit an individual from destroying or defacing a work that was legitimately obtained, except for works that are publicly visible and in which the copyright holder has claimed "moral rights." (For example, JK Rowling's "The Tales of the Beetle Bard.")
The US Copyright Law allows for "Fair Use," so that portions of a copyrighted work may be used for news reports, commentaries, teaching, or research.
Copyrights may also be licensed, for example, musical works to be used for broadcast or performance. In this way, the copyright holder can be easily paid a royalty for the use of their works by others. The copyright holder allows an outside organization to hold the license for their work and to be in charge of collecting fees and distributing royalties. Examples of licensing companies: ASCAP, BMI, and SESAC.
Once a copyright has expired, the work enters into The Public Domain, where it can be used freely by anyone for any purpose without paying any fees to the author of the work.