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- To: Multiple recipients of list BOOK_ARTS-L <BOOK_ARTS-L@xxxxxxxxxxxxxxxx>
- Subject: Re: copyright
- From: Richard Minsky <minsky@xxxxxxxxxxxxxxxx>
- Date: Wed, 15 May 1996 19:39:30 GMT
- Message-id: <199605151940.PAA05391@listserv.syr.edu>
- Sender: "The Book Arts: binding, typography, collecting" <BOOK_ARTS-L@xxxxxxxxxxxxxxxx>
On May 15, 1996 08:24:53, '"Rupert N. Evans" <r-evans4@xxxxxxxx>' wrote:
>One more (of the many) factors in copyright infringement is the extent to
>which you caused the copyright holder to lose potential sales and profits.
My understanding is that as a creator, you do not have to register your
work for copyright to be in effect. Protection is automatic on creation of
the work. If it's published, you are not *required* anymore to put the
copyright notice, but it's highly reommended. However, if you fail to
reister within three months, your right to statutory damages may be lost
and you may be limited to actual damages. You do have to register your
copyright before initiating a lawsuit to collect damages for infringement.
Following are some excerpts from the visual arts department of the
Copyright is a form of protection provided by the laws of the United States
to the authors of "original works of authorship," including "pictorial,
graphic, and sculptural works." The owner of copyright in a work has the
exclusive right to make copies, to prepare derivative works, to sell or
distribute copies, and to display the work publicly. Anyone else wishing to
use the work in these ways must have the permission of the author or
someone who has derived rights through the author.
It is illegal for anyone to violate any of the rights provided by the Act
to the owner of copyright.
Copyright protects original "pictorial, graphic, and sculptural works,"
which include two-dimensional and three-dimensional works of fine, graphic,
and applied art.
The right of attribution ensures that artists are correctly identified with
the works of art they create and that they are not identified with works
created by others. The right of integrity allows artists to protect their
works against modifications and destructions that are prejudicial to the
artists' honor or reputation. These rights may not be transferred by the
author, but they may be waived in a written instrument. Transfer of the
physical copy of a work of visual art or of the copyright does not affect
the moral rights accorded to the author.
Statutory Monopolies: the doctrine of Korzybski ``must rest upon the
assumption that the owner of the statutory monopoly has some power to
protect his `work,'
Under the current Copyright Act, copyright is secured at the time of
creation of the work without the necessity of any formalities, such as
registration of an eligible unpublished work or publication with copyright
notice, required under the 1909 Act.
Copyright protection subsists from the time the work is created in fixed
form; that is, it is an incident of the process of authorship. The
copyright in the work of authorship immediately becomes the property of the
author who created it. Only the author or those deriving their rights
through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is
presumptively considered the author. Section 101 of the copyright statute
defines a "work made for hire" as:
(1) a work prepared by an employee within the scope of his or her
(2) a work specially ordered or commissioned for use as a contribution to
a collective work, as a part of a motion picture or other audiovisual work,
as a translation, as a supplementary work, as a compilation, as an
instructional text, as a test, as answer material for a test, or as an
atlas, if the parties expressly agree in a written instrument signed by
them that the work shall be considered a work made for hire.
HOW TO SECURE A COPYRIGHT
Copyright Secured Automatically Upon Creation
The way in which copyright protection is secured under the present law is
frequently misunderstood. No publication or registration or other action
in the Copyright Office is required to secure copyright (see following
* * * *
NOTE: Before 1978, statutory copyright was generally secured by the act of
publication with notice of copyright, assuming compliance with all other
relevant statutory conditions. Works in the public domain on January 1,
1978 (for example, works published without satisfying all conditions for
securing statutory copyright under the Copyright Act of 1909) remain in the
public domain under the current act.
Statutory copyright could also be secured before 1978 by the act of
registration in the case of certain unpublished works and works eligible
for ad interim copyright. The current Act automatically extends to full
term (section 304 sets the term) copyright for all works including those
subject to ad interim copyright if ad interim registration has been made on
or before June 30, 1978.
* * * *
Copyright is secured automatically when the work is created, and a work is
"created" when it is fixed in a copy or phonorecord for the first time.
"Copies" are material objects from which a work can be read or visually
perceived either directly or with the aid of a machine or device, such as
books, manuscripts, sheetmusic, film, videotape, or microfilm.
NOTICE OF COPYRIGHT
For works first published on and after March 1, 1989, use of the copyright
notice is optional, though highly recommended. Before March 1, 1989, the
use of the notice was mandatory on all published works, and any work first
published before that date must bear a notice or risk loss of copyright
HOW LONG COPYRIGHT PROTECTION ENDURES
Works Originally Created On or After January 1, 1978
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 is ordinarily given a term enduring for the author's life,
plus an additional 50 years after the author's death.