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Copyright Basics
Copyright 2003 Cathy Stucker Notice: I am not an
attorney, and this should not be considered legal advice. For
additional information, please refer
to the Library of Congress web site or consult an
intellectual property attorney.
There are many myths and misunderstandings about copyright. Copyright law can be complex, but there are a few basic things you should know about copyright.
Copyright exists as soon as words or an image are put on the page, audio or video tape, a computer disk, or in any medium which is subject to copyright. You do not have to register your copyright, or even put a notice of copyright on your material; however, both are things
you should do. You can register your copyright with the Copyright
Office of the Library of Congress.
The copyright notice form is: Copyright, year of copyright, owner of copyright. The symbol © may be used in addition to or instead of the word Copyright. Here's an example:
Copyright © 2003 Cathy B. Stucker
You can't copyright an idea, only the expression of an idea.
It has been said that there are only 14 plots in literature,
but there have certainly been more than 14 novels and plays.
Certain plot elements are used over and over, but what makes
each story unique is the combination of plot elements,
characters, settings, conflicts, etc. There may be
similarities in plot (idea) but the expression is unique.
You can't copyright a title. Names, titles, words, and short phrases are not subject to copyright.
However, you may be able to trademark your title or a word you made up within your
title.
Remedies under copyright law are civil. That means that if someone violates your copyright, you can't have them arrested, you have to sue them.
Proving copyright infringement can be difficult and expensive.
If someone infringes on your copyright, consult an attorney to
determine your rights and the best course of action.
Sometimes, a strongly-worded letter from your attorney is all
that is needed to resolve the situation. If you are using
words or images created by anyone else, be certain you have
the right to do so. For example, even if you paid a
photographer to take a picture, the photographer owns the
rights to the photo unless you have a work
for hire agreement.
Both the Library of Congress and the Patent and Trademark Office have
lots of free information at their web sites explaining the basics of copyrights, patents and trademarks.
For more information about copyrights, refer
to the web site of the Library of Congress.
For more information about trademarks, refer
to the web site of the Patent and Trademark Office. Another
great resource for information about intellectual property law
is the
web site of attorney Ivan Hoffman.
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