1. What is copyright?
The copyright laws ( title
17, U.S. Code ) are a form of protection "to original works of authorship
fixed in any tangible medium of expression, now or later developed, from
which they can be perceived, reproduced or otherwise communicated."
This protection is extended to both published and unpublished works of
literary, dramatic, musical, artistic, pictorial and certain other intellectual
creations. Copyright laws grant the creator/owner the exclusive right
to reproduce, prepare derivative works, distribute, perform and display
the work publicly.
2. What is "fair use" doctrine?
Section 107 of the Copyright
Act establishes the "fair use" doctrine which provides for specific exemptions
from copyright liability. An example of this is the use of certain
excerpts of a written work for educational purposes. In most cases
though, determining what constitutes as "fair use" is fact specific and
an analysis must be made to determine the effects of the value of the copyrighted
material.
3. What is the "public domain"
doctrine?
Information found in the
public domain can be copied if the information is created by the federal
government, if the copyright has expired or the copyright has been abandoned
by the holder. It is important to realize that a work may be available
to the public over the Internet but still may be protected by copyright.
4. Who can claim copyright?
From the time the work is
created in fixed form, the work becomes the property of the author who
created it. Only the author and those who have been granted permission
( usually with conditions ) to use the material by the rightful author
can claim rights in a copyrighted work. For this reason, 42-North
asks that anyone who detects what appears to be a copyright violation on
a 42-North web site, report to those who can claim the rights in
the work rather than 42-North. In this way, the rightful persons
can evaluate the use and determine whether to assert a claim against the
infringer and alert the 42-North Webmaster
to the infringement.
5. How to register for copyright
protection?
Registration of material
for copyright protection is not necessary but it does provide advantages.
A couple of advantages are:
- a public record of the
copyright is established and
- registration allows the
owner to record the registration with the U.S. Customs Service for protection
against the importation of infringing copies.
To request information on copyright registration forms, copyright problems or other related questions please contact:
Copyright Office
LM455
Library of Congress
Washington, D.C. 20559 -
6000.
You may speak to a Copyright Information Specialist by calling (202) 707 - 3000 between 8:30 a.m. - 5:00 p.m., Eastern Time, Monday through Friday, except Federal Holidays. The Copyright Office is not permitted to give legal advice, but the Copyright Office can send you forms to use in registering copyright and informational pamphlets regarding filling out the forms and general copyright law issues.
6. What information is available from the Internet? Internet site addresses for copyright information are:
- http://www.copyright.com
- http://lcweb.loc.gov/copyright