The best source for copyright and patent information is the government website: http://www.copyright.gov/
The site gives good instructions on how to file a copyright and makes the appropriate forms available.
Following is a quick look at Copyright Law.
Copyright Law
I. Constitutional Basis
Congress shall have the power…
"To promote the progress of science and useful arts, by securing for limited time to authors and inventors the exclusive right to their respective writings and discoveries" Art. I, § 8, cl. 8
II. Period of Protection
Under the current copyright law as amended to conform to the Berne Convention, an original work is protected for the life of the author plus 70 years.
III. Who is an "Author"
- The one indispensable element of authorship is originality: the product of one' own independent efforts. In the constitutional sense, an "author" could be an artist, composer, photographer, architect, sculptor, cartographer or compiler, as well as writer of prose, poetry, drama, etc.
- In the case of a "work made for hire," the courts have determined that the "author" has impliedly assigned his rights to the employer unless the parties have specifically agreed otherwise.
IV. What is Protected
The Supreme Court ruled that "writings…include any physical rendering of the fruits of creative intellectual or aesthetic labor." Thus, not only visible works, but any work perceptible by any of the five senses is deemed to be a tangible work protectible by copyright. A live performance of a play is not protected by copyright; however, the play script and any videotape or recording of the performance would be protectible.
- Literary Works: works expressed in words, numbers or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, tapes film, discs or cards, in which they are embodied are copyrightable.
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