Questions and Answers
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?
Copyright protects original works of authorship including literary, dramatic, musical, and artistic works.
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?
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Do I have to register my work to be protected by copyright?
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Is my copyright valid in other countries?
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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- It applies to works in a tangible form and covers both published and unpublished creations.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.
