Copyrights and Fair Use

A copyright is a property right granted by federal law to authors or creators of original works such as writings, art, music and sound recordings, performances, photographs, movies, and the like. The copyright holder has the exclusive right to reproduce or copy the work, distribute or sell the work, or perform or display the work publicly. The copyright holder may also authorize others to use the work in those same ways.

Works Made for Hire under the 1976 Copyright Act

Under the 1976 Copyright Act as amended, a work is protected by copyright from the time it is created in a fixed form. The copyright immediately becomes the property of the author who created it. Generally, the person who created a work is the author of that work but there is an exception to that rule. Where a work is "made for hire," the employer, not the employee, is considered the author.

Foreign and International Copyright

There is no such thing as an "international copyright" that automatically protects an author's works throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions. There are two principal international copyright conventions, the Berne Union for the Protection of Literary and Artistic Property (Berne Convention) and the Universal Copyright Convention (UCC). Generally, the works of an author who is a national or domiciliary of a country that is a member of these treaties or works first published in a member country or published within 30 days of first publication in a Berne Union country may claim protection under them.

Works Not Protected by Copyright

Certain works and subject matter are expressly excluded from protection under the Copyright Act, regardless of their originality, creativity, and fixation. Titles, names, short phrases, and slogans generally do not enjoy copyright protection under the Copyright Act. Other material ineligible for copyright protection includes the utilitarian elements of industrial designs; familiar symbols or designs; simple geometrical shapes; mere variations of typographic ornamentation, lettering or coloring; and common works considered public property, such as standard calendars, height and weight charts, and tape measures and rulers.

Trademark Law

Trademark Symbols