"HOLDSTILL!" Productions VA Stock Photography:
Copyright Information Article Provided for your Education. "When the image
is created, it is Copyrighted" means that the creator of the image does not
have to register an image with the copyright office to be protected.
Registration, however, protects the photographer by assuring the photographer
that legal fees will be paid for when copyright is violated / infringed.
A Copyright is a form of "intellectual property." The
government affords protection to original works of authorship
fixed in a tangible medium – this protection is called a
"Copyright." Copyright protection is given to
"works," including literary, dramatic, musical, and
artistic works, such as poetry, novels, movies, songs, computer
software, and architecture. A copyright gives the owner the
exclusive right to reproduce, distribute, perform, display, or
license a work, and derivatives of the work. Limited exceptions to
this exclusivity exist for types of "fair use", such as
teaching, scholarship and research.
What types of works are protected
under Copyright Law?
Copyrightable works include the following categories:
literary works;
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works
The rights given to a copyright owner are distinct from the
rights given to a person who merely owns a copy of the work. A
good example of this situation is when a person purchases a CD
from a music store, that person has purchased just the copy of
that CD, but does not have any rights to the CD (or the music on
the CD) other than the right to listen to it themselves. The CD
owner may listen to the CD, sell the copy of the CD that they
have, or even throw the CD away. The CD owner may not make copies
of the CD, to license the CD or to distribute (other than their
own copy) their CD. In essence, the CD owner does not own the
copyright to the work.
Why should I register my Work with
the Copyright Office?
Copyright is secured automatically when a work is created.
However, the Copyright Act establishes a mandatory deposit
requirement for works published in the United States. The 1976
Copyright Act defines "Publication" as the distribution
of (or offering to distribute) copies of a work to the public by
sale or other transfer of ownership, or by rental, lease, or
lending. In general, the owner of a copyright has a legal
obligation to deposit in the Copyright Office, within three (3)
months of publication in the United States, two copies (or in the
case of sound recordings, two phonorecords) for the use of the
Library of Congress. Failure to make the deposit can result in
fines and other penalties but does not affect copyright
protection.
So, if you must deposit materials with the Library of Congress,
why not simply apply for a copyright registration and obtain the
benefits of copyright registration along? In order to have this
dual effect, the copies or phonorecords must be accompanied by the
prescribed application form and filing fee.
What are the Advantages of
Copyright Registration?
There are many benefits to Copyright Registration. These include
the following:
Before an infringement suit may be filed in court,
registration is necessary for works of U. S. origin.
If made before or within 5 years of publication,
registration will establish prima facie evidence in court of
the validity of the copyright and of the facts stated in the
certificate.
If registration is made within 3 months after publication
of the work or prior to an infringement of the work, statutory
damages and attorney's fees will be available to the copyright
owner in court actions. Otherwise, only an award of actual
damages and profits is available to the copyright owner.
Registration allows the owner of the copyright to record
the registration with the U. S. Customs Service for protection
against the importation of infringing copies.
The year of first publication of the work (with certain
exceptions such as with some pictorial, graphic, or sculptural
works); and
The name of the copyright owner, an abbreviation by which
the name of the copyright owner can be recognized, or a
generally known alternative designation of the copyright
owner.
An example of proper copyright notice is as follows:
The "C in a circle" notice is used only on
"visually perceptible copies." Certain kinds of
works--for example, musical, dramatic, and literary works may be
fixed not in "copies." Since audio recordings such as
audio tapes and phonograph disks are "phonorecords" and
not "copies," the "C in a circle" notice is
not used to indicate protection of the underlying musical,
dramatic, or literary work that is recorded.
If I recently created my work, how
long will my Copyright Protection last?
A work that is created (fixed in tangible form for the first time)
on or after January 1, 1978, is automatically protected from the
moment of its creation and the duration of the copyright is the
life of the author plus 70 years after the death of the author. If
there are multiple authors, the copyright term extends 70 years
following the last surviving author's death. For works made for
hire, and for anonymous and pseudonymous works (unless the
author's identity is revealed in Copyright Office records), the
copyright is protected the shorter of 95 years from publication or
120 years from creation.
As can be seen, there are numerous benefits to copyright
registration. The process is relatively simple and quick.
MyCorporation.com can help you get started! If you have additional
questions regarding the application process or protection of your
Work by copyright, visit MyCorporation.com’s frequently asked
questions. Protect one of your most valuable assets today!
Although MyCorporation.com is happy to assist you with all of your
document filing needs, I strongly urge you to speak with a
licensed professional who can provide you with sound advice as to
the form of entity that best suits your particular needs.
Good luck in all your business endeavors!
Deborah Sweeney, Esq.
Vice President of Business and Legal Affairs
My Corporation Business Services, Inc.
About the Author:
Deborah S. Sweeney is a licensed attorney and a member of the
California State Bar. She is a member of the San Fernando Valley
Bar Board of Trustees, and serves on the alumni board for
Pepperdine University’s Center for Entrepreneurship. Ms. Sweeney
is currently the Vice President of Business and Legal Affairs for
MyCorporation Business Services, Inc.
IMPORTANT DISCLAIMER
This publication is NOT INTENDED TO SERVE AS A SUBSTITUTE FOR LEGAL
ADVICE. Please consult with a licensed attorney if you require legal
advice.
