Definition of Copyright: What it is, How it is Made.

Definition of Copyright

The definition of copyright is a somewhat elusive bit of information. As an artist, I am often told how simple it is to create a copyright, sending a copy to myself in a sealed envelope. This is called a poor mans copyright. More on that later.

Definition of Copyright

A copyright is the exclusive legal right given to an author, originator, or someone assigned by the author or originator for an original work of art, be it graphic, print, performance, film, photograph or sculpture.

This right can be assigned to another to facilitate the printing, publishing, performance, duplicating. This right can be given away, transferred or even sold.

A copyright also provides rights for distribution and adaptation of the work. Once the period of time that the copyright is good for has expired, it usually goes into the public domain, becoming available for any and all to have access and free use of the work.

The copyright is applied to any idea, form, artwork, written or printed form that is substantive, discrete and fixed in some form or medium.

By substantive, a single letter or single note or even several notes or letters on a page will not necessarily meet the substantive requirement. Discrete means individually separate and distinct. So again, just a few letters or notes on a page does not meet the discrete requirement.

Intellectual property is another term that is used to denote copyright as well as the terms patents and trademarks.

The purpose of a copyright, as expressed in the US Constitution, is "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".

The international standard gives the copyright a duration of between fifty to a hundred years from the author's death. It is a shorter period if the authorship is anonymous or from a corporation.

The copyright or right of ownership is legal on the creation of the substantive work. Ideas in ones imagination are not copyrightable.

There are urban legends as to an informal way to copyright a work. This is called a Poor Mans Copyright.

There is also a formal and legal way to establish a copyright that requires filing a form with the government, paying a modest fee and usually providing two copies in some form of the original work.

The legal enforcement of a copyright is usually a civil matter although in some instances it can be a criminal matter.

So. what ever definition of copyright you hear, the one that matters is the one that will hold up in court.