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June 7, 2016 by: Content Team Leave a comment

Jury - Definition, Examples,

A copyright is a formal declaration that the owner is the onlyProcesses
one with the right to
publish, reproduce, or sell a particular artistic work. The protection of a copyright is
granted by the government, and covers original literary (writings), dramaticRead
(stage and
Next Story

film) musical, artistic, and other creations. To explore this concept, consider the
following copyright definition.

SG Trademark Filing
Searches and Registration
 Contents  Seek Professional Assistance Visit Our Website Today

1 Definition of
ljvernus.com OPEN
Copyright
2 U.S. Copyright Law
 3 What Does a
Copyright Protect
3.1 Things Not Protected
by Copyright

4 Copyright Symbol
5 Copyright Search Definition of Copyright
 6 Difference Between
a Copyright, a Noun
Patent, and a
Trademark 1. The grant of an exclusive right to make copies, license, use, or otherwise
6.1 Example of exploit an original work of art, or over the creation of an original design.
Copyright vs. Patent
 7 Copyright Free
Images Origin
7.1 Royalty Free Images
1725-1735 English (copy + right)
7.2 Rights Managed
Images

8 Copyright Example
of Infringement in
Derivative Works U.S. Copyright Law
9 Related Legal Terms
U.S. Copyright law has its foundations in Article I, Section 8 of the U.S. Constitution,
and Issues
which grants Congress the power to “promote the Progress of Science and useful Arts,
by securing for limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries.” The first original works were protected by
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copyright in 1790, and copyrights were later registered with, and monitored by, the U.S.
Library of Congress. The federal Copyright Office was established as a separate entity
Star Athletica, L.L.C. v.
Varsity Brands, Inc. to the Library of Congress in 1897.
Intellectual Property According to the U.S. Copyright Office, a copyright provides legal protection for works
Eldred v. Ashcroft of original authorship which are “fixed in any tangible medium of expression.” This
Baker v. Selden
means that the work to be copyrighted must be in a form in which it can be perceived
Trademark
by others, either directly, or with the use of a device. For instance, an idea in
Proprietary Information
someone’s mind cannot be protected by copyright, but once that idea has been put on
Assets
paper, or written in a computer, it becomes a tangible medium of expression, which can
Child Endangerment
Emotional Distress be copyrighted. Works protected by copyright are under the sole control of the

Consent Decree copyright holder, and cannot be used by any other person without consent. U.S.
Bona Fide copyright law is found in Title 17 of the U.S. Code.
Adjudication
Exonerated
Encumbrance What Does a Copyright Protect
Amnesty Copyright is a form of intellectual property law in the U.S., which offers protection for
“original works of authorship,” whether published or unpublished. Such original creative
works include:
RECENTLY ADDED
1. literary works
Lau v. Nichols 2. musical works, including any accompanying words
Gill v. Whitford 3. dramatic works, including any accompanying music
Star Athletica, L.L.C. v. 4. pantomimes and choreographic works (if written down, or otherwise expressed
Varsity Brands, Inc. in tangible medium)
Nelson v. Colorado 5. pictorial, graphic, and sculptural works
Federal Holidays 6. motion pictures and other audiovisual works
Jones v. Alfred H. 7. sound recordings
Mayer Co. 8. architectural works
Presidential Line of
Succession
26th Amendment
Things Not Protected by Copyright
Voting Rights Act of 1. Ideas, Methods or Systems – This covers a broad spectrum of works,
1965 including methods for making or building things, scientific discoveries or ideas,
Branches of scientific or technical methods, business operations or procedures, mathematical
Government formulas, algorithms, or principles. This category also covers blank forms.
2. Commonly Known Information – Items considered to belong to society as a
whole, with no known authorship. For example, height and weight charts, rulers and
tape measures, and standard calendars, fall into this category, which is often
known as “the sky is blue” category, because there is no known author to that
concept.
3. Choreographic Works – Choreography, which is the step sequence and design
in a dance routine, cannot be protected by copyright, unless it has been video
recorded or otherwise notated. Also included under this category are speeches
given, which have not been transcribed either before or after they are given.
4. Names, Titles Short Phrases, and Expressions – This category covers
names of things, slogans, catch phrases, pseudonyms, product descriptions, titles
of works, and other things. A comprehensive description is available in the
Copyright Office’s Circular 34. Also included under this category are recipes.
Specifically, a list of ingredients cannot be protected by copyright, though the
specific written directions published as part of a recipe may be protected. Other
factors apply, such as whether the recipe is published as part of a cookbook, or
contains other expressions that are copyrightable.

For example:

Dale has developed a method of dog training that works really well for most dogs.
He writes down the steps he takes to teach dogs positive behaviors, and makes an
instructional video, then sells the information online. In this example, copyright
protection does not cover Dale’s methods in and of themselves, but may protect
the written materials and video lessons.

Copyright Symbol
A copyright symbol is used to advise people that the work is protected by copyright,
and may be used only with permission of the copyright owner. The internationally
recognized copyright symbol is a capital ‘C’ enclosed in a circle: ©

The copyright symbol may be produced from a Windows-based computer keyboard by

pressing the “alt” key, and holding it down while typing “0169,” then releasing all of the
keys. To produce a copyright symbol on a Mac or Apple keyboard, press the “alt” or
“option” key, holding it down while pressing the “g” key, then release both keys.

It is not required that the copyright symbol be present on the work in order for it to be
protected by copyright law, though it makes it easier for users of a work to identify
copyrighted materials. In addition to, or in place of, the copyright symbol, a work may
be identified as protected by typing the word “Copyrighted.”

Copyright Search
Using creative works that belong to another person is against U.S. copyright law.
Anyone wishing to reproduce or otherwise use such works must first obtain the
permission of the copyright owner. Often creative works are available for hire – which
is essentially paying for the right to use the work, without actually gaining ownership of
it. It is possible, however, to buy the copyright in order to gain sole control over the
work. Determining who owns a creative work begins with the copyright notice, if
present, which provides the name of the copyright owner, and date it was issued.

If there is no notice, the owner can be found by doing a copyright search. Information
on copyright registration, ownership, and transfer is available on the U.S. Copyright
Office website. Individual copyrights recorded after 1978 can be searched online, by
name, registration number, document number, or keyword. A copyright search for
records dated 1870 through 1977 are only available through the copyright card catalog,
which is located in the Copyright Public Records Reading Room on the Fourth Floor of
the James Madison Memorial Building of the Library of Congress.

Those unable to personally go to the Copyright Office may choose to have the staff
perform a copyright search. There is an hourly fee for such searches. The Search
Estimate form, which provides fee information, and by which search criteria are
provided to the office is located on the website.

Difference Between a Copyright, a

Patent, and a Trademark
There are three separate types of registration that protect intellectual property:

1. Copyright – protects works of authorship, which have been expressed in a

tangible form. This includes such expressions as books, movies, works of art, and
songs. Copyright protection for the individual who created the work lasts 70 years
past the lifetime of the author.
2. Patent – protects inventions, including machines, manufactured items, chemical
compositions, and industrial processes. The length of patent protection varies by
the type of patent granted. Design patents last for 14 years, utility and plant
patents last for 20 years.
3. Trademark – protects a symbol, design, word, or phrase that identifies and
distinguishes the products of one party from those of another. This primarily
applies to brand names, logos, and slogans. A trademark does not expire, but
lasts as long as the owner continuously uses it.

Example of Copyright vs. Patent

Celeste has become a self-taught beauty consultant, offering her advice through online
video tutorials. In addition, she has invented a device that makes applying eye makeup
quick and easy. In this example, copyright laws may protect Celeste’s video tutorials,
but the device must be covered by a patent.

Copyright Free Images

Easy access to a veritable smorgasbord of images online has led to widespread
copyright violation when people share images that legally belong to someone else.
There are many websites that host photos and graphic designs created by people that
are intended for commercial use, some copyright free, others requiring the purchase of
a license for use. Copyright free images are pictures for which nobody is claiming
ownership. Because the creator of such artistic works holds an automatic copyright,
even if he hasn’t registered it with the government, truly copyright free images are few
and far between. More commonly, images are divided into two categories: royalty free,
and rights managed.

Royalty Free Images

A common misconception is that royalty-free images are actually free. In reality,
royalty-free means the user pays a one-time fee in exchange for nearly unlimited use
of the picture. Once the fee has been paid, the image can generally be used for as long
as the user desires, in as many projects desired, as long as the user complies with the
license agreement. No additional royalty payments are due.

Rights Managed Images

Rights-managed images come with restrictions on their use, even after the fee is paid.
Anyone wishing to use a rights-managed image pays for a one-time use, for a specific
purpose. If the user wants to use the image for something else, he must purchase
another license for the image. In this manner, the owner of the image more tightly
controls its use, and earns more money for his works.

Copyright Example of Infringement in

Derivative Works
In the 1980s, professional photographer Art Rogers took a black-and-white photo of a
man and a woman holding a string of eight puppies on their laps. He offered the photo
as a copyrighted, rights-managed work for use in greeting cards and other purposes.
Internationally renowned artist Jeff Koons came across the photo on a postcard, and
used it as a basis to create a sculpture. The man, woman, and puppies were given
cartoonish features, and made in surrealistic colors. The sculpture was a hit, and
Koons sold three of the four he produced for a total of about $367,000.

When Rogers saw that the sculpture was a reproduction of his photograph, he filed a
lawsuit against Koons for copyright infringement, seeking $375,000 in compensatory
damages, and $2.5 million in punitive damages.

Although the artist admitted freely that the sculpture had been based on the
photograph, he claimed that he had used the copyrighted photo to create a parody,
also known as “fair use by parody,” which can be done without obtaining consent by the
copyright owner. Koons also argued that the actual photo represented an accurate
depiction of the people and puppies, which he simply borrowed in order to create a
representation somewhere between realism and animation.

The court found that there was a “substantial similarity” between the photo and the
sculpture, such that the average person would recognize the copy, being able to make
comparisons between it and the original photo. This meant that, rather than being used
for a “transformative” purpose, Koons had simply copied Rogers’ work. Rogers was
awarded a large monetary amount, and Koons was ordered to ship the fourth
sculpture, which had yet to be sold, to Rogers.

Related Legal Terms and Issues

Compensatory Damages – An award of money in compensation for actual
economic loss, property damage, or injury, not including punitive damages.
Intellectual Property – Anything created by the human intellect, such as artistic
and literary works, designs, images, symbols, and names.
Punitive Damages – Damages awarded for the purpose of punishing the
wrongdoer for outrageous misconduct in a civil matter.

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