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Copyright What Is It? Where to Go. How is it Done?

This information is not intended to replace legal advice or counsel regarding copyright law, definition of that law, or interpretation of that law.

To get the full meaning you will need to find a good lawyer who is a specialist. There will usually be several in any given area who specialize in this form of law.

A copyright is a legal term that basically refers to the right of ownership of the written word or copy (as in print copy), artwork, artistic creation, dramatic works, music, and other intellectual works.

It is a form of protection of ownership of original works authored or created by you. It can include the copy on your website and or the entire web page design and layout.

As owner of the original works, the 1976 Act provides the owner of the right the exclusive right for themselves or to authorize others:

    To reproduce or make copies of the work in some printed form or phonorecords (a physical object with a recording on it such as cassette tapes, CD’s, LP’s, and other recording formats). To create derivatives based upon the work;

    To distribute written copies or recordings of the original work to the public. Distribution can be by means of sale, transfer of ownership, rental, lease, or even loan.

    To publicly preform the original work such as reading or performing literary, musical, dramatic, choreographic works, pantomimes, motion pictures and other audiovisual works.

    To publicly display the original work (this would include individual images of a motion picture, audiovisual work, or images of the performance.

With sound recordings, this includes digital audio transmissions. (Sound recordings do not include the sounds for motion pictures or audio visual works. No doubt this is why it is possible to buy separately the sound tracks to motion pictures, which could be considered a derivative of the motion picture.

It is illegal to violate this right of the owner. However, there is an exception.

This is called the fair use doctrine and it usually applies to the written word.

The difference between “fair use” and copyright infringement is sometimes hard to define. Just because you acknowledge the source of the material it does not necessarily make it legal to use it. Your acknowledgment does not mean you have permission. There is not a percentage of lines or number of words that can legally be taken or used.

Who’s Right

Generally who ever creates the original work is the copyright owner. However if you were hired to create the work, then the employer is considered the author. The management of this can be through contracts.

The right is automatically owned by the author on the creation or production of the original work. So if you have the idea for the next great American Novel in your head, you share it with someone, they proceed to publish it, you would have a very hard time proving it was yours.

If you typed it up, it becomes a bit easier to prove it was yours.

The best way to prove ownership of the right is to register it.

Here is the place to go... http://www.copyright.gov/

Do you know the Other Website Legalities to Consider?

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