The Brand

Melissa D. Wade

The following information was adapted from the website of the U.S. Copyright Office, http://www.copyright.gov/circs/circ1.html#wci

What is copyright protection?

- Copyright protects authors of “original works of authorship,” such as songs, books, art, choreography, and intellectual works, regardless of whether the work is published or unpublished.

- The Copyright Act gives the copyright owner the right to:
o Reproduce the work in copies;
o Prepare derivative works based upon the work;
o Distribute copies to the public by sale or other transfer of ownership, or by rental, lease, or lending;
o Perform the work publicly;
o To display the work publicly; and
o In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
Who can claim copyright?
- Subject to some limitations, it is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright.
- Copyright protection exists from the time the work is created in a fixed form. The copyright in the work immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
- Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright.
What types of works are protected?
- literary works;
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
What is not protected?
- Works that have not been “fixed in a tangible form of expression” (for example, choreographic works that have not been notated or recorded, or improvisational performances that have not been written or recorded)
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
- Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars and lists taken from public documents or other common sources)
How does an author obtain a copyright and how long does it last?
- A work automatically receives copyright protection at the moment of its creation. A work is “created” when it is fixed in a copy or phonorecord for the first time. No registration or other steps are required, although this is beneficial. The use of a copyright notice is no longer required under U.S. law, although it is often beneficial.
- Ordinarily, a work is protected for the author’s entire life plus an additional 70 years after the author’s death.
For more information: www.copyright.gov