Most people don’t think about copyright. You do if you’re a designer, photographer, artist, musician; really, any sort of creative (this is the term I’ll use to describe a designer, photographer, writer, artist, musician, etc).
Unfortunately, most business owners don’t understand what they’re purchasing when acquiring a design, a website, a photograph, a song; whatever it may be your business wishes to have created. One must understand the copyright is the creative’s protection of his work. Copyright defines sole ownership of the work and unless that ownership is discussed at the time of creation and a transfer of copyright is obtained, the creative will continue to own the copyright of the work.
It’s important as a business owner that you understand how a copyright is obtained and the laws by which it works. Simply put, when you’re dealing with the creation of a new work, you’re not directly buying that work, but rather buying the right to use that work.
So what exactly is copyright?
The definition from the US Copyright office:
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 This protection is available to both published and unpublished works.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:
• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To 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 audiovisual work; and
• In the case of sound recordings,* to perform the work publicly by means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, see Circular 40, Copyright Registration for Works of the Visual Arts.
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.
That’s a lot to read, isn’t it? Quite a bit of legalese? And that’s just the definition of copyright. We haven’t even gotten into the full scope of the laws. And jumping into the full scope will keep you reading for weeks on end.
So I’ll just cover some of the basics of copyright for now:
Copyright originates from the time the work is put into fixed form and becomes the property of the person who created the work. No one but the creator of the work, or those obtained from the creator can claim copyright.
Ownership of the work, such as a painting, a book or even a copy of such doesn’t give the person possessing these items ownership of copyright. In such a case, the protected work must be transferred by the creator of the work. Exclusive rights must be transferred in writing and must be signed by the owner of the rights or an owner’s authorized agent.
All unpublished works are protected under copyright.
Registration with the US Copyright Office is not required to secure a copyright. If you wish to register a copyright with the US Copyright Office, this can be done at anytime within the life of the copyright.
Copyright is secured when the work is created and fixed in a tangible expression for the first time.
Publication isn’t necessary to secure a copyright.
A copyright notice on the work is not required to prove copyright.
A work created on or before January 1, 1978 has an automatic copyright protection from the moment of its creation. The term for copyright of these works is the creator’s life plus 70 years after the creator’s death.
There is no such thing as “international copyright” protection.
Works protected under copyright include “original works of authorship” fixed in a tangible form.
According to the US Copyright Office, copyrightable works include:
Literary works
Musical works including accompanying words
Dramatic works including accompanying music
Pantomimes and choreographic works
Pictorial, graphic and sculptural works
Motions pictures and audiovisual works
Sound recordings
Architectural works
Works not protected by copyright include:
Works not fixed in a tangible form of expression
Titles, names, short phrases and slogans
Familiar symbols or designs
Variations of typographic ornamentation, lettering or coloring
Listings of ingredients or contents
As a business owner, it’s important to understand copyright and what rights you may or may not actually own. If you wish to acquire the copyright to the work done for your business, discuss these options with your creative.
Now that we’ve covered some of the basics of copyright and hopefully acquired a simple of understanding, future articles will discuss copyright infringement, usage rights, copyright transfers, derivative art, etc.
Kerri Williams owns and operates Magpi Studios, a creative studio specializing in photography, graphic design and fine art to meet your businesses marketing needs. She takes her copyright very seriously.
