Copyright (CR) protects
original works of authorship including literary,
dramatic, musical, and artistic works such as
poetry, novels, movies, songs, computer software and
Copyright does NOT protect facts,
ideas, systems, or methods of operation
Copyright may protect the way things
Copies of all works under copyright
protection that have been published in the U.S. are
required to be deposited in the Copyright Office
within three months of the date of first
Reasons to Register Copyright
To have facts on public record and certificate of
Eligible for statutory damages
and attorney’s fees.
Prima facie evidence if registered w/in 5 years of
Unpublished – one copy
Published – two copies
Photographs for visual works
Works created after January 1,
1978 are not subject to renewal.
Architectural works became
subject to CR protection on December 1, 1990.
Only the transferee (by will,
by inheritance) can register CR in a diary.Copyright is the right of the author of the work or
the author’s heirs or assignees, not the one who
owns the physical work itself.
The creator of an original
expression in a work is the author.
The author is also the owner of CR unless
there is a written agreement by which the author
assigns the CR to another person or entity, such as
a publisher. In cases of works
made for hire the employer or commissioning party is
considered to be the author.
The distribution of copies or phonorecords of a work to the
public by sale or other transfer of ownership, or by
rental, lease, or lending. The
offering to distribute copies or phonorecords to a
group of persons for purposes of further
distribution, public performance, or public display
constitutes publication. A
public performance or display of a works does not
itself constitute a publication.
Publication occurs on the date
on which copies of the work are first made available
to the public.
Publication is not necessary for CR protection.
Publication occurs at the
discretion and initiative of the CR owner.
The owner may transfer all or
part of the rights in a CR work to another.
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