How To Protect What You Create With A Copyright
By Gregg Hall
In the United States there are millions of people every year
who create original music, research, or write books and other
forms of creative expression. These are covered by the term
intellectual property and are given protection under copyright
laws. If you are a publisher, writer, or editor it is crucial
that you are knowledgeable about copyright issues more than
ever. With the Internet there has been an enormous increase
in counterfeiting and pirating of books, music, and other
intellectual property. A report last year from the World Customs
Organization indicated over a half a billion dollars in counterfeit
and pirated products were put in the marketplace globally
in 2005.
Every business in the United States is susceptible to Intellectual
Property theft; small businesses are at an even greater risk.
Individual writers and owners of small publications offer
a large cache of information for intellectual property thieves
to grab, and as I pointed out above, the Internet has made
it very easy to do. To guard against this happening to you
or your company you need to know what your rights are.
A copyright under U.S. law protects authors of "original
works of authorship" fixed in any material medium of
expression. This can encompass sounds, notes, words, numbers,
pictures, and virtually any other media. Works that are covered
under copyright law are diverse and include artistic, architectural,
literary, dramatic, audiovisual, and musical. A work does
not have to be published to be covered.
According to the copyright law passed in 1976, the owner
of a copyright has the exclusive right to distribute, reproduce,
perform, and display their work. The rights are transferable
by the owner who may license them, sell them, donate them
to charity or even leave them to their heirs. According to
the law, it is not legal to violate any of these rights, and
if the owner of a copyright wins in a claim for copyright
infringement, the court may order both preliminary and permanent
injunctions barring any and all present and future infringements
and may also order the surrender of the offending materials.
Many people think that there is some big process they have
to go through in order to obtain a copyright. The fact of
the matter is your work is protected by Copyright Law when
you create it and it is placed as a copy or recorded the first
time. An article you write is protected, as is a song or music
whether it is in sheet music, on a CD, or both forms of media.
Despite this fact it is still recommended that you register
formally with the Copyright Office to establish a public record
and give yourself concrete legal protection for any suits
filed in court.
A copyright gives you protection for 70 years after your
death or if you created the work with another it lasts 70
years after the last surviving author's death. As far as anonymous
works and works that were made for hire, the time is extended
to as long as 120 years from the date of creation.
Unfortunately there are no international copyrights to guarantee
you copyright protection globally, but most countries recognize
the Berne Convention on the Protection of Literary and Artistic
Works and/or the Universal Copyright Convention. These are
the top international copyright agreements for providing foreign
authors with copyright protection. If you are in doubt about
whether or not a work you have is protected, be sure to consult
with a qualified copyright attorney. That is the only way
to be absolutely sure you have all the bases covered.
Gregg Hall is an author living in Navarre Beach, Florida.
Find more about this as well as copyright attorneys at http://www.focusonip.com
Gregg Hall - EzineArticles Expert Author
Article Source: EzineArticles.com
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