copyright law

A detailed Summary of copyright law

A copyright provides the creator of an intellectual production with ownership and exclusive rights to publish, print, distribute, or sell the copyrighted material. Intellectual productions that are eligible for copyright privileges include written material, written and recorded music, paintings, sculptures, photographs, movies, videos and video games, computer programs, and many other mediums of creative expression. To qualify for copyright protection a work must be creative, exist in physical form, and be originally produced by the author. A copyright cannot protect ideas, facts, titles, names, short phrases, or blank forms.

Generally, a copyright is owned by the creator of a work, but there are some exceptions. If an employee creates a work during the course of employment, the employer may own the copyright. Likewise, if an independent contractor creates the work, the copyright may be held by the commissioning organization. Additionally, if the owner of a copyright sells the rights to a work, the purchasing party becomes the copyright owner. In the case that two or more authors contribute to a joint work, they are considered joint copyright owners and have equal right to register and enforce the copyright. For works pu

blished after 1977, the copyright is enforceable for the life of the author plus seventy years. After this time period, the work enters the "public domain", and anyone has access to it without infringing on the copyright.

It has now been almost twenty-five years since the Copyright Act of 1976 was passed, and many new issues have been raised due to technological advancements and the creation of the Internet. Congress passed some new copyright laws in 1998, including digital anti-piracy measures (to prevent removal or bypass of digital copy-protection systems), liability limitations for Internet Service Providers (to protect ISPs from liability for copyright infringements by their subscribers), and license fees for digital and "Webcast" transmissions (to regulate the broadcast of music on the Internet).

When the form or expression of a work is copied, a copyright infringement has occurred. The reproduction need not be identical to the original work, nor does it need to reproduce the entire work. If a substantial part of the work is copied, infringement has occurred. Copyright violators are liable for monetary damages and, in some cases, may face criminal penalties as well. Actual and statutory damages are awarded at the discretion of the court, and criminal proceedings may be imposed for willful violations. The Copyright Act of 1976 allows for actual damages based on harm or loss of revenue of the copyright owner, and statutory damages of up to $100,000. Cr

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