If you have read our last post, you can be sure about the definition of copyright and Who Can Claim Copyright?
Now we want to tell you how to secure a copyright
Copyright Secured Automatically Upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following NOTE.) There are, however, certain definite advantages to registration.
Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the “work”) can be fixed in sheet music (“copies”) or in phonograph disks (“phonorecords”), or both.
If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.
Read more to know how to protect your on-line business.
How To Secure A Copyright
Who Can Claim Copyright?
For any business, some basic knowledge of how to protect your on-line business is necessary.
If you have read our last post, you can be sure about the definition of copyright.
Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright statute defines a “work made for hire” as:
(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as:
· a contribution to a collective work
· as a part of a motion picture or other audiovisual work
· as a translation
· as a supplementary work
· as a compilation
· an instructional text
· a test
· answer material for a test
· a sound recording
· an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire….
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.
Two General Principles
· Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
· Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.
Know More About Copyright
For anyone, some basic knowledge of how to protect your on-line business is necessary.
Today we want to talk more about the issue of copyright.
What Is Copyright?
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
•To reproduce the copyrighted work in copies or phonorecords;
•To prepare derivative works based upon the copyrighted work;
•To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
•To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
•To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
•In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, “Copyright Registration for Works of the Visual Arts.”
It is illegal for anyone to violate any of the rights provided by the copyright code to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 120 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright code or write to the Copyright Office.
How to protect your on-line business
Some readers ask us how to protect their on-line business. Well. this is a good question, yet a bit too broad.
Simply speaking, if You're Doing Business Online, the Law Requires That You Have the Proper Legal Forms on Your Web Site .
The above statement is not empty hype. For example:
The FTC is really ramping up to crack down on Internet Marketers and small eBusiness owners, and actively go after those of us that don't rigidly adhere to all their rules about disclosure and documentation! They filed 45 criminal and civil law enforcement actions against Internet Marketers, on May 15th alone.
A seemingly innocent omission from your Website, such as a privacy policy, opens the door for big legal headaches ... civil or criminal law suites ... maybe both. If you don't believe it, please visit and read the information at the following sites:
Introduction (FTC)
Enforcing Privacy Promises (FTC)
Privacy in Cyberspace
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