1. Are copyrights protected by federal or state law?
Federal laws. A copyright in the United States is a type of intellectual property protection granted by the federal Constitution and embodied in the laws of the United States, under title 17 of the United States Code.
2. What does copyright cover?
Copyright generally covers original works of authorship that are tangibly embodied in a medium. This is a formal way of saying that when the writer puts the pen on the paper, the artist puts the brush on the canvas, or the singer sings and records, the expression of the author’s ideas embodied on paper, canvas, or recording. can be protected as copyrighted works. Ideas, themselves, are not protected by copyright, which is the scope of patent protection. The type of authorship is not limited to any particular field, nor is it limited to the medium, since copyright can cover literary, dramatic, musical, artistic and technological works. In fact, the fixation does not even need to be directly perceptible, as long as it can communicate with the help of a machine or device.
Specifically, works protected by copyright include these categories: literary works; musical works, including accompanying words; dramatic works, including accompanying music; pantomimes and choreographic works; pictorial, graphic and sculptural works; films and other audiovisual works; sound recordings; architectural works. The categories have been interpreted very broadly, such that architectural maps and plans are considered pictorial, graphic and sculptural works, and software programs and many compilations are considered literary works.
3. Must the work be published to be copyrighted?
Copyright law protects both published and unpublished works.
4. What is not protected by copyright?
There are several categories of copyright materials that are generally not eligible for copyright protection. These include:
(1) ideas, which fall within the scope of patent protection; This includes concepts, principles, systems, methods, procedures, processes, and discoveries.
(2) works of authorship or design that are not fixed in a tangible form of expression; examples include performances that are not written or recorded, choreographic works that are not annotated or recorded, and improvisational speeches that are similarly not written or recorded.
(3) names, short phrases, titles, slogans; familiar symbols / designs; mere variations of typographic ornamentation, letters and colors; lists of contents or ingredients, regardless of the work effort; these elements lack sufficient innovation to be considered works of authorship.
(4) works that have no original authorship and that consist entirely of information considered common property; examples include height and weight charts; tables and lists taken from common sources or from the public domain; tape measures and rulers; and standard calendars.
5. What is the term of copyright protection?
The simple and easy-to-remember answer is that the term of protection extends to the life of the author plus an additional 70 years. However, the simple answer is not precise, as extensive legislation has made the answer to the question complicated. To be specific, the term of copyright protection can be divided into four categories.
(1) For works that were published from 1909 to 1921, the initial copyright term of the work was 28 years from the date of publication, but if the copyright had been renewed during year 28, copyright extended for an additional 28 years. period of the year.
(2) For works published from 1922 to 1963, the initial copyright term was 28 years from the date of publication, but if the copyright was renewed during the year 28, the copyright they extended for an additional 67 years.
(3) For works published from 1964 to 1978, the initial copyright term was 28 years from the date of publication, plus an automatic renewal of an additional 67 years.
(4) For works created after January 1, 1978, the term is as follows, regardless of publication: (i) for an author, the term is the author’s life plus 70 years; (ii) for co-authors, the term is the surviving author’s life plus 70 years; (iii) for commissioned works, the term will be less than: 95 years from the first publication; and 120 years from the date of creation; and (iv) for anonymous and pseudonymous works, the same as in point (iii) above.