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Questions and Answers
What is copyright?
What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression.
What does copyright protect?
What does copyright protect?
Copyright protects original works of authorship including literary, dramatic, musical, and artistic works.
How is copyright different from a patent or a trademark?
How is copyright different from a patent or a trademark?
Copyright protects original works of authorship, patents protect inventions or discoveries, and trademarks protect words, phrases, symbols, or designs.
When is my work protected by copyright?
When is my work protected by copyright?
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Do I have to register my work to be protected by copyright?
Do I have to register my work to be protected by copyright?
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Is my copyright valid in other countries?
Is my copyright valid in other countries?
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Why should I register my work if copyright protection is automatic?
Why should I register my work if copyright protection is automatic?
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Study Notes
What is Copyright?
- Copyright is a legal protection for original works of authorship as established by the U.S. Constitution.
- It applies to works in a tangible form and covers both published and unpublished creations.
Protected Works
- Copyright safeguards a wide range of creative works, including literary, dramatic, musical, and artistic expressions.
- Examples of protected works include poetry, novels, movies, songs, computer software, and architecture.
- Copyright does not extend to facts, ideas, systems, or methods, but it does protect their expression.
Copyright vs. Patent vs. Trademark
- Copyright protects original expressions, whereas patents safeguard inventions or discoveries.
- Patent law covers ideas and discoveries, while copyright law guards the expression of such concepts.
- Trademarks identify and distinguish the source of goods or services through symbols, phrases, or designs.
Timing of Protection
- Copyright protection begins as soon as a work is created and fixed in a perceivable form, whether directly or with technology.
Registration of Copyright
- Registration is generally voluntary and not required for copyright to exist; it arises automatically upon creation.
- However, registration is necessary if you plan to file a lawsuit for infringement on a U.S. work.
International Copyright
- The U.S. maintains copyright agreements with many countries, recognizing each other's citizens' copyright claims.
- Copyright relations are not universal; check specific country agreements with the U.S. for detailed information.
Importance of Registration
- Registration provides public recognition of copyright ownership and offers legal benefits.
- Registered works can qualify for statutory damages and attorney's fees if litigation occurs.
- A copyright registration made within five years of publication is considered prima facie evidence in court.
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Description
Explore the essentials of copyright with these flashcards. Learn about what copyright is and what types of works it protects. Enhance your understanding of intellectual property rights in a concise format.
