Copyrights

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A copyright does not protect your idea; it protects your expression of an idea. In other words, a copyright prevents people from using an original work of expression such as art, music, and books without the written consent of the copyright owner. It does not, however, protect your idea from being used or stolen.

A Copyright Protects

• Architectural works

• Artistic works

• Choreographic works

• Cinema

• Dramatic works

• Literary works

• Musical works

• Photography

• Software programs

• Sound recordings

• Video

According to copyright law, an original work is considered automatically copywritten once you put that work into a fixed form. Fixed form means that others can see or hear your work. For example, there is a song in your head that you have been humming for months. Finally, you write the song down onto paper, or record it onto disk or tape. A work is considered in a fixed form if it appears on paper, sheet music, disk, manuscript, audiotape, videotape, film, CD, LP, or cassette. Once your work is in one of these formats, it is copyright protected for your lifetime plus 50 years after your death.

A Copyright Does Not Protect

• Ideas

• Names

• Short phrases

• Titles

• Works not in a fixed form

It is good practice to register your copyrighted work even though it is not required. Use of the copyright notice on your work informs the public that your novel , song, or video is protected by copyright. In other words, your copyright becomes a matter of public record. More importantly, a registered copyright will offer some protection in the event that your work is infringed upon or used without your written consent. If your work carries the proper notice, the person accused of infringement cannot claim that he or she didn't know the work was protected by a copyright:

1997 Aimee Walsh

When you place a copyright on your work, you will need to include the following three elements:

1. The symbol for copyright , the word Copyright , or the abbreviation Copra

2. The year of the first publication

3. The name of owner of the copyright

Sound recordings have a slightly different copyright notice ”the letter P in a circle. For example:

1998 Isabella Diaz

The registering of a copyright is rather straightforward. In the same envelope, you would send a check for $20 made out to the Copyright Office, a completed application form, and a nonreturnable copy of the work being registered (see Appendix A for more information).

Using Copyrighted Material

When it comes to using someone else's work, there are two things to keep in mind ”how much you use and how you use it. Under copyright law there is a concept called fair use that permits you to use a small portion of someone else's work without seeking permission. For example, you've been hired to write an article for DogFancy magazine on popular breeds of dogs. In your research for the article, you find a list written by another author called, "The Top 10 Breeds in America." Copyright law does not prohibit someone from using data or basic facts. But copyright law does protect that author if you use that list as it exists in his or her article and claim it as your own. In this situation, you have three choices to make: first, you could quote the list directly and credit the author in your article; second, you could get the author's consent to use the list; and third, you might be better off re-working the basic data in a version that is uniquely your own.

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