APEX News - Special Edition
Disclaimer: Articles published express the views of contributing Authors and are not necessarily those of the APEX Board pf Directors and / or the APEX Newsletter Editor.
HOW DOES ONE GET COPYRIGHT PROTECTION?
It is important to remember that copyright protects original works of authorship fixed in a tangible form and that a work does not become subject to copyright protection through registration. Rather, copyright protection exists in an eligible work from the moment of fixation. That means, the moment you put something in “fixed” form whether it be by writing it down, recording it or taking a photo of it, the work has copyright protection.
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COPYRIGHT NOTICE
Do I need to put that little “c” thing on my work? Not anymore. Works published on or after March 1, 1989 are exempt from the notice requirement though notice is still highly recommended as it makes people aware that you are claiming a copyright interest in your work. Also, in the event of an infringement action, an infringer will be precluded from claiming “innocent infringement” thereby entitling the copyright owner to a higher damages award. For works published before March 1, 1989, the use of notice ( i.e. © 1988 John Doe ) was mandatory. If you published a work without notice it would revert to the public domain.
CORRECT FORM OF NOTICE FOR VISUALLY PRECEPTIVE COPIES
This requires the Symbol © - the word copyright or the abbreviation Copr; the year of first publication of the work and the name of the owner of the copyright. However it is strongly advised that website owners follow the suggestions re Copyright provided with the APEX Criteria page. Doing so will mean your work will be well covered!
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HOW LONG DOES A COPYRIGHT LAST?
This question is more simple for works created on or after January 1, 1978. The Sonny Bono Copyright Term Extension Act was signed into law on October 27, 1998. This Act extends the term of copyright protection for twenty years. Thus, for works created on or after January 1, 1978, the duration of the copyright will last for the life of the author plus seventy years ( i.e., seventy years after the author's death. ) The copyright in a work created by one or more people lasts for seventy years after the last surviving authors' death. For works for hire, anonymous and pseudonymous works, the copyright term is ninety-five years from first publication or one hundred-twenty years from creation, whichever is shorter.
WHAT ABOUT WORK PUBLISHED BEFORE 1978?
For works published before January 1, 1978, it becomes slightly more complicated. Generally speaking under previous law, a copyright was secured either on the date of publication or a work or the date the work was registered in unpublished form. In both instances, the term of copyright was twenty eight years from the date the copyright was secured. Thereafter, the copyright could be extended for a second term of twenty eight years if a renewal was applied for within the last year of the first term. If not renewed, the copyright expired at the end of the first twenty-eight year term.
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I HAVE SEEN WEB PAGES CALLED DERIVATIVE WORKS. WHAT DOES THAT MEAN?
A derivative work is a work that is based on, or incorporates, one or more already existing works. Examples of derivative works include multi-media works using preexisting elements, screenplays adapted from books, new musical arrangements, art reproductions or any other work that modifies, is derived from or elaborates upon a preexisting work. To be copyright in its own right, a derivative work must contain enough elements of originality to qualify as as new work. Further, a copyright holder in a derivative work will only obtain a copyright interest in his original contribution, not the underlying, preexisting elements.
It is extremely important to note that only the copyright owner of the underlying work, or one who has been granted permission to do so, may prepare derivative works. Unauthorized derivative works violate a copyright holder's exclusive rights under the copyright act.
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SUMMARY
• Currently almost all things are copyright the moment they are written and no copyright notice is required. Copyright is still violated whether you charged money or not, only damages are affected by that. Displaying items on the Internet are not granted to the Public Domain and do not give you any permissions to do more copying with the exception of perhaps the type of copying the poster might have expected in the ordinary flow of the Internet.
• Fair use is a complex doctrine meant to allow certain valuable social purposes. Ask yourself why you are republishing what you are posting and why you couldn't have just rewritten it in your own words.
• Copyright is not lost because you don't defend it.
• The ownership of names is from trademark law so you cannot say that you have a name under copyright.
• Fan fiction and other work derived from any copyright work is a copyright violation.
• Copyright law is mostly civil law where the special rights of criminal defendants you hear so much about don't apply. But be aware as new laws are moving copyright violation into the criminal realm.
• Don't rationalize that you are helping the copyright holder. It is not that difficult to ask permission.
• The posting of e-mail is technically a violation but revealing facts from E-mail you receive isn't and for almost all typical e-mail nobody could claim any damages from you for posting it however your credibility in reference to maintaining confidence would rapidly diminish. The law doesn't do much to protect works with no commercial value.
Acknowledgement: The above article was provided by and is Copyright © R. Serong 2009 - 2011 with sole publishing rights held by APEX and may not be republished and / or redistributed without the written permission of the Author.