legal
All visual content on this site is copyright protected by Creative Commons License 3.0, and shall not be used without express permission of the artist
The Copyright Act provides that copyright extends to original works of authorship fixed in any tangible medium of statement, now known or later developed, from which can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device.
The items specifically covered, although not intended to be all-encompassing, include: literary works, musical works, dramatic works, pantomimes, pictorial, graphic and sculptural works, motion pictures and other audiovisual works, sound recordings and architectural works.
It is important to remember that copyright protects the statement of ideas, not the ideas or original thoughts themselves. It does not protect a procedure, a process, a system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied. It does not protect titles, phrases, slogans or logos. This is generally the province of trademarks. Likewise, copyright does not protect inventions. This is the area controlled by patent.
Another way of stating the importance of copyright is that it protects the writings of artists and authors as well as jewelry designers, fabric designers, computer programmers, and playwrights. It does not extend to facts or news, but does encompass creativity of statement.
Although, copyright is secured automatically upon its creation, registration is a relatively simple matter obtained by submitting an application and two copies of the work to the Register of Copyrights. Generally, notice to the world is obtained by placing a small © next to the creation. Copyright registration within three months of first publication permits the awarding of statutory damages and attorneys fees, which can reach up to $100,000.00 per infringement.
Copyright, as well as patent, is recognized by the Constitution of the United States, in Article 1, Section 8, as encouraging the use of the creative element in all of us. Thus, the notion of copyright permits the holder to do one or more of the following things with his property: a.) a right to reproduce copies; b.) produce derivative works; c.) right to distribute copies by sale or other transfer of ownership; d.) the right of public performance; and e.) the right of public display of generally artistic works. These rights represent important considerations which contribute to the welfare and economic well-being of the United States.
There exist certain exemptions to the use of copyright. The most important is called “fair use.” The law permits uses for purposes such as news reporting, comment, criticism, scholarly endeavors such as research, teaching and to some extent parody. In all instances, the issue is whether the use is “fair” or simply plagiarism with a commercial purpose.
Copyright ownership, as mentioned above, is finite. It is limited to the author’s life plus 50 years for those works created after January 1, 1978. For those works created prior to that date, the right to continue is complicated by a dual system of measurement.
There is recognition that copyright transcends boundaries. Nations have come together to provide legal protection and prevent unauthorized copying. The Berne Convention and the Universal Copyright Convention have created international standards, which dictate that regardless of the origin of the work, if the author is a member of a signatory nation he is to be treated as least as well as each member country treats its own.
Donald M. Gindy, PLC, 1880 Century Park East, Suite 200, Los Angeles, CA 90067
