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Copyrights Overview:
Copyright is a form of protection provided by law to the expression of an idea or information. Copyright affords protection to authors of “original works of authorship,” which include literary works, musical compositions, movies, audio recordings, paintings, photographs, and software, among others. Abstract ideas cannot be protected by copyright. It is only their concrete expression (e.g. in writing) that will qualify for copyright protection. In the U.S., the owner of a copyright has the exclusive right to reproduce the work, publicly distribute the work, publicly display the work, perform the work publicly, and create derivative works based on the work, as well as sell or assign these rights to others.
How is Copyright Protection Obtained?
In general, a work must meet minimal
standards of originality and must be fixed
in a tangible medium of expression in order
to be eligible for copyright protection. No
formal registration process is required.
Copyright protection arises automatically as
soon as the work is created. However, there
are some benefits to registering a
copyright. For example, in the U.S.,
registration is necessary to bring an
infringement lawsuit, and if registration is
made prior to the infringement, the owner
may seek statutory damages and attorney’s
fees in court actions. A registration may be
sought at any time within the life of the
copyright, and can be filed by following
certain deposit requirements of the U.S.
Copyright Office.
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