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Copyright Information
What is a Copyright?
Copyright is a form of protection provided by the laws of the United States
(title 17, U.S. Code) 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This protection is available to both published and unpublished works.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:
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To reproduce the copyrighted work in copies or phonorecords; |
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To prepare derivative works based upon the copyrighted work; |
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To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; |
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To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; |
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To display the copyrighted 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 audiovisual work; In the case of sound recordings, to perform the work publicly by means of a digital audio transmission. |
Who Can Claim A 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. In the case of works made for hire, the
employer and not the employee is considered to be the author. Section 101 of
the copyright statute defines a "work made for hire" as: (1) a work prepared
by an employee within the scope of his or her employment; or (2) 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….The authors of a joint work are co-owners of the copyright in
the work, unless there is an agreement to the contrary. Copyright in each
separate contribution to a periodical or other collective work is distinct
from copyright in the collective work as a whole and vests initially with the
author of the contribution.
A Word of Caution:
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Mere ownership of a book, manuscript, painting, or any other copy or phonorecord
does not give the possessor the copyright. The law provides that transfer of
ownership of any material object that embodies a protected work does not of
itself convey any rights in the copyright.
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Minors may claim copyright, but state laws may regulate the business dealings
involving copyrights owned by minors.
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For information on relevant state laws, consult an attorney.
What Works Are Protected:
Copyright protects "original works of authorship" that are fixed in a tangible
form of expression. The fixation need not be directly perceptible so long as it may
be communicated with the aid of a machine or device.
Copyrightable works include the following categories:
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literary works; |
| (2) |
musical works, including any accompanying words |
| (3) |
dramatic works, including any accompanying music |
| (4) |
pantomimes and choreographic works |
| (5) |
pictorial, graphic, and sculptural works |
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motion pictures and other audiovisual works |
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sound recordings |
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architectural works |
Got the idea now? Good, now you're ready to get the proper forms
and register your work. Go to the following website:
http://lcweb.loc.gov/copyright/forms/
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No Clearance Items Available

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