Copyright - Fast FAQs
What is a copyright?
A copyright is the government-granted right to control the publishing, reproduction, distribution, or performance of any original creative work such as a book, story, article, song, play, painting, film, script, photograph, etc.
Why would I want a copyright?
If you created a T-shirt design, you might be upset if someone else printed your design on their T-shirts and sold them without giving you any of the profits. This applies similarly to your play, song, painting, photograph, and so forth. If you have the copyright to the work, it is illegal for anyone else to reproduce, distribute, or perform it without your permission (subject to “fair use” exceptions). If they do, you have the legal right to stop them and to collect damages.
How do I copyright my work?
Your work is automatically copyrighted when you first put it into a tangible form. You can’t copyright an idea, but as soon as you render your idea in any medium, you own the copyright to that particular expression.
Do I lose my copyright if I don’t put that © symbol on it?
No. You have the copyright to your work whether you include the copyright symbol or not. It was a requirement many years ago, but it’s not a legal requirement any longer.
Is copyright forever?
It depends on your point of view. The copyright on anything you create today will last for your lifetime plus 70 years. You may consider that forever, but your great grandchildren may not.
Can I leave my copyright to my wife or children?
Yes, indeed. As a form of intellectual property, you can bequeath it to your heirs or you can sell it.
What’s a copyright worth?
That depends entirely on how badly someone wants to publish or perform your work, and how many people want to buy copies or tickets. The owners of a box-office smash movie may net millions of dollars. A best-selling author or a popular singer-songwriter may get hundreds of thousands for their latest hit. An author churning out everyday articles for web sites may get $20 to $50 apiece. And that great American novel you wrote that keeps getting rejection letters from publishers? It may ultimately be worth nothing if you can’t find a buyer.
If a copyright is automatic, what’s the U.S. Copyright Office for?
The U.S. Copyright Office provides a registration service. When you register your copyright, your legal rights are enhanced. For example, you can’t file a lawsuit against someone for infringing your copyright unless your copyright is registered. If you registered your copyright before the infringement occurred, you’re entitled to collect statutory damages and attorney’s fees. If you registered after the infringement, you’re only entitled to collect actual damages.
Can my little son or daughter get a copyright for their drawings or stories?
Yes, and once again, it’s automatic. The U.S. Copyright Office will even allow minors to register their copyrights. State laws may limit permissible business dealings of minors until they reach legal age, however, so if you think they have a hit, consult an attorney.
What’s a derivative work?
A derivative work is something you create using recognizable elements of someone else’s work. A recent controversy regarding derivative work erupted after the 2008 election when street artist Shepard Fairey was accused by the Associated Press of using the AP’s copyrighted photo of Barack Obama to create Fairey’s famous “Hope” poster picturing the candidate in a four-color drawing.
Related Articles
- Copyright Your Software!
- How to Register Your Copyright
- Understanding “Fair Use”
- Freelancing and the Copyright Law
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