Understanding Copyright: Protecting Your Creative Works

Copyright is a form of intellectual property law that grants the creator of an original work exclusive rights for a certain period. These rights typically include the right to reproduce (copy), distribute, adapt (create derivative works), publicly display, and publicly perform the work.

Copyrights protect your valuable artistic, musical, literary, audiovisual, and software expressions. Copyrights provide the right to prevent others from making additional copies of the copyrighted work and also the right to prevent others from making works that are mere derivatives of the copyrighted work. The value of copyright registrations should not be underestimated, as it allows for the recovery of attorney’s fees and statutory damages in the event of infringement of the copyright.

Think of copyright as a shield that protects your unique creations. If you write a book, paint a picture, compose a song, or design a computer program, copyright gives you the power to decide who can copy, sell, change, or perform your work. This protection encourages creativity by ensuring that artists, writers, and inventors can benefit from their hard work.

Types of Works Protected by Copyright

Copyrights may apply to a wide range of creative “works” including, poems, theses, plays, other literary works, movies, dances, musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts, and industrial designs. Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions.

Copyright Protections vs. Ideas (Explaining the Idea-Expression Dichotomy)

A copyright does not protect ideas or information; it only protects the form or manner in which your ideas are expressed. This is referred to as the “Idea-Expression Dichotomy”. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney’s particular cartoon mouse, but doesn’t prohibit the creation of other works about anthropomorphic mice in general, so long as they’re different enough to not be judged copies of Disney’s.

International Copyright Standards and Duration

Copyrights have been standardized internationally and last between fifty and one hundred years from the creator’s death or a fixed period of time for anonymous creations.

International treaties, most notably the Berne Convention, have helped harmonize copyright protection worldwide. These agreements ensure that a song created in the United States enjoys similar protection in Brazil, Japan, and many other countries.

The length of copyright protection is not unlimited. Most nations follow the standard established by the Berne Convention: a minimum of the author’s life plus 50 years. Some countries extend this term, with the European Union and the United States protecting works for the author’s life plus 70 years. Mexico has one of the world’s longest copyright terms at the author’s life plus 100 years.

When a work’s creator is unknown or the creation is by a corporate entity, a fixed term of protection often applies (e.g., 95 years from the year of first publication).

The Importance of an Intellectual Property Attorney: Navigating Copyright Nuances

Similar to patents, copyrights benefit their owners for a limited period – though generally for a longer duration than patents. While international agreements create baseline standards, it’s always wise to consult with an intellectual property attorney for the specific laws governing your jurisdiction.

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Innovent Law helps innovators protect, maintain and defend patent, trademark, copyright, and other intellectual property rights in the United States and around the world.