# What is a Copyright?

- Link: https://www.lumlawgroup.com/what-is-a-copyright/
- Published: 2017-12-26T09:39:35-08:00
- Author: Albert J Lum

## Definition of a Copyright

Copyright is a form of protection provided by the laws of the United States to the
authors of “original works of authorship”, including literary, dramatic, musical,
artistic, and certain other intellectual works.  This protection is available to
both published and unpublished works.  Section 106 of the 1976 Copyright Act generally
gives the owner of copyright the exclusive right to do and to authorize others to
do the following:

 * reproduce the work in copies of phonorecords
 * prepare derivative works based upon the work
 * distribute copies or phonorecords of the work to the public by sale or other 
   transfer of ownership, or by rental, lease, or lending
 * perform the work publicly, in the case of literary, musical, dramatic, and choreographic
   works, pantomimes, and motion pictures and other audio-visual works
 * display the work publicly, in the case of literary, musical, dramatic, and choreographic
   works, pantomimes, and pictorial, graphic, or sculptural works, including the
   individual images of a motion picture or other audio visual work
 * perform the work publicly (in the case of sound recordings) by means of digital
   audio transmission

(17 U.S.C. Section 102)

## Who can claim Copyright?

> “Copyright protection subsists from the time the work is created in fixed form.
> The copyright in the work of authorship immediately becomes the property of the
> author who created the work.  Only the author or those deriving their rights through
> the author can rightfully claim copyright.” – 17 U.S.C, Section 201(a)

## Term of a Copyright

For works created after 1978, the duration of ownership is for the life of the author(
s) plus seventy (70) years after the author’s death.

For works that are anonymous, pseudonymous, or a work made for hire, the period 
of time is ninety-five years from the date of first publication, or 120 years from
the date of creation, whichever is sooner.

## Notice of Copyright

The following symbols are used to show copyright:

(c),  © , Copr. or Copyright

Examples:

 * “Copyright 2017 Albert Justin Lum”
 * “Copr. 2017 Albert Justin Lum”
 * “© 2017 Albert Justin Lum”
 * “Copyright © 2017 Albert Justin Lum”

## Why Register your Copyright?

Without copyright registration, damages are limited to actual damages.

With copyright registration, one can obtain statutory damages, up to $30,000 per
infringement for innocent infringement (“I didn’t know I was violating copyright
laws”) to $150,000 per infringement for willful infringement (“Copyright? Who cares!)
as well as attorney fees; and injunctive relief.

## What does “Work for Hire” mean?

A “work made for hire” is–

 * a work prepared by an employee within the scope of his or her employment; or
 * a work specially ordered or commissioned for use…
    - as a contribution to a collective work,
    - as a part of a motion picture or other audiovisual work,
    - as a translation,
    - as a supplementary work,
    - as a compilation,
    - as an instructional text,
    - as a test,
    - as answer material for a test, or
    - as an atlas,

 * if the parties expressly agree in a written instrument signed by them that the
   work shall be considered a work made for hire.
 * For the purpose of the foregoing sentence, a supplementary work” is a work prepared
   for publication as a secondary adjunct to a work by another author for the purpose
   of introducing, concluding, illustrating, explaining, revising, commenting upon,
   or assisting in the use of the other work, such as forewords, afterwords, pictorial
   illustrations, maps, charts, tables, editorial notes, musical arrangements, answer
   material for tests, bibliographies, appendixes, and indexes, and an “instructional
   text” is a literary, pictorial, or graphic work prepared for publication and 
   with the purpose of use in systematic instructional activities.

(17 U.S.C, Section 201(b))

Bottom line, if you hire an independent contractor to create something for you, 
make sure there is an agreement that whatever is created is made as “work for hire”
and the owner of the copyright will be you.

 

Not sure if you should be registering a copyright? Perhaps you’re worried about 
breaking copyright laws? Read more on [how we can help your business ](https://lumlawgroup.com/Staging/portfolio-galleries/intellectual-property/)
with intellectual property!