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Copyrights only protect particular expressions of ideas, not the ideas themselves. A protectable work must be "original", i.e., not copied from another source (although two separately protectable works theoretically could be identical by coincidence). The work also must not be so elementary or basic that it lacks sufficient creativity to be copyrightable. However, the threshold level of originality necessary to obtain a copyright is minimal.

What are a Copyright owner's rights?

The creator basically has the exclusive right to reproduce the work, to distribute the reproductions, to display the work publicly, to make derivative works, and to authorize others to do any of these things. The creator of certain works of fine art also may have rights to control their attribution or modification.

When is a Copyright Obtained?

The moment you have created and fixed a copyrightable work in a tangible form, such as by writing it down or recording it on a disc or cassette, it automatically receives copyright protection. This protection is enjoyed regardless of whether or not the work has been published or registered. Although copyright registration is not necessary, it is advisable for a number of reasons as outlined below.

How do I register a Copyright?

You can register the copyright in any published or unpublished work at any time during the period of copyright by filing an application for copyright registration in the Copyright Office, together a small application fee and two copies of the best edition of the work (one is enough in some cases). Photographs of the copyrighted work are accepted for sculptural works, in lieu of submitting the works themselves.

What are the Benefits of Copyright Protection?

Failure to register the copyright does not invalidate the copyright. However, prompt registration is advisable because you receive certain benefits from registration. The benefits of copyright registration includes the following:

• Copyright registration is a prerequisite to filing suit against an infringer;

• Statutory damages or attorney's fees for infringement of a published or unpublished work, commenced before the copyright's registration, is not available unless you register the copyright within 3 months after first publication of the work;

• Another benefit of registering a copyright is that you can record the registration certificate with the U.S. Customs Service to protect against the importation of infringing works;

• Finally, registration is the best way to preserve the necessary copyright information about the work.

How do I let people know a work is Copyrighted?

A copyright notice is not required for a copyrighted work to be protected. However, it is advised that you affix a statutory copyright notice to all publicly distributed copies of a work to inform potential copiers that they may be infringing upon your work. The copyright notice consists of the following elements:

• The symbol "©", or the word "Copyright", or the abbreviation "Copr." (the symbol "©", plus the word Copyright is most common);

• The year of first publication;

• The name of the copyright owner, or a recognizable abbreviation of the name.

• The symbol "©", or the word "Copyright", or the abbreviation "Copr." (we generally suggest that you use the symbol "©", plus the word Copyright or the abbreviation).

How long does a Copyright right last?

The general rule for a work created on or after January 1, 1978 is that the copyright lasts for the author's (or surviving joint author's) lifetime plus 50 years after the author's death. This is not always the case, however, because the term of copyright largely depends upon when the work was first published and whether or not the copyright was federally registered or renewed.

What is Copyright infringement?

Copyright infringement generally is the unauthorized use or copying of the work. However, it is often difficult to prove infringement. Therefore, one of the ways a copyright owner can attempt to prove infringement is to show that the alleged infringer had "access" to the work and that the two works are "substantially similar".

What are the Remedies for Copyright infringement?

Under federal law, willful copyright infringement for profit, is a crime, the penalties for which depend on both the number of copies reproduced or distributed during a given period of time, and whether it is the infringer's first or subsequent offense.

• An injunction against future infringement;

• The actual damages suffered by the copyright owner;

• Any profits the infringer derived from use of the copyrighted work;

• Under certain circumstances, a copyright owner can elect to receive statutory damages of all infringements of any one work from $500 to $20,000 (subject to reduction to $200 in some instances, or to increase to $100,000 for willful infringement); and

• All costs including a reasonable attorney's fee and costs of suit.

The above is a very brief overview of some of the issues in Copyright law. You should always consult an experienced attorney before making decision regarding your important copyrighted works. Call the Law Offices of Kalas and Jannarone.

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