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A
copyright provides its holder the right to restrict unauthorized copying and reproduction
of an original expression (i.e. literary work, movie, music, painting, software,
mask work, etc.) Copyright stands in contrast to other forms of intellectual property,
such as patents, which grant a monopoly right to the use of an invention, because
it is not a monopoly right to do something, merely a right to prevent others doing
it.
The rights enforceable under copyright protection cover the use only of intangible
creations - the story told within a book is protected from misuse as opposed to
the printed copy itself, or the form of a sculpture as opposed to the actual carved
rock.
Copyrights do not protect ideas, however, which
are the domain of patents (if at all), but only the particular expression of an
idea. A copyright on the cartoon character Mickey Mouse, for example, would not
prevent others from creating talking mice, but only from too closely copying the
character and traits of that talking mouse in particular.
Copyrights function similarly to patents, in
that both grant exclusive rights over their respective subject matter that are
enforceable against everyone. This is in contrast to trademark protection, which
is almost always only enforceable against competitors in the same product market,
and only against certain limited commercial uses.
Also in contrast to trademarks, copyright (and
patent) protection is set for a limited, statutorily - defined number of years,
during which the copyright owner does not actually have to make use of his work
in order to keep others from doing so. After the term is up, the copyrighted work
enters the public domain and is available for anyone to freely use as courts in
the United States and the United Kingdom have rejected the doctrine of a common
law copyright.
A copyright holder typically has exclusive
rights:
- to make and sell copies of the work (including,
typically, electronic copies)
- to import or export the work
- to make derivative works
- to publicly perform the work
- to sell or assign these rights to others
What is meant by the phrase "exclusive
right" is that the copyright holder and only the copyright holder is allowed
to do these things; everyone else is prohibited from doing them without the copyright
holder's consent. Copyright is often called a "negative right", to stress
that it has less to do with permitting people (e.g. authors) to do anything, and
more to do with prohibiting people (e.g. readers, viewers, or listeners) from
doing something: reproducing the copyrighted work.
Transfer of Rights
Copyrights may be granted, sold, or relinquished. Very often, a copyright holder
will, by contract, transfer his copyrights to a corporation.
Idea-expression dichotomy
Copyright covers the expression of an idea, not the idea itself - this is called
the idea-expression divide. For example, if a book is written describing a new
way to organize books in a library, a reader can freely use that method without
being sued and can describe it to others; it is only the particular way in which
the original author described that process that is protected by copyright.
The First Sale Doctrine
Note that copyright law does not restrict resale of copies of works, provided
those copies were made by or with the permission of the copyright holder. Thus
it is legal, for example, to resell a book or a CD that you have purchased, provided
you do not keep a copy for yourself.
How copyrights are obtained and
enforced
Typically, works must meet minimal standards of originality in order to qualify
for a copyright, and the copyright expires after a set period of time. Copyrights
are generally enforced by the owner in a civil law court, but there are also criminal
infringement statutes. Criminal sanctions are generally aimed at serious counterfeiting
activity.
Copyright Notices
In general when a work such as a book or movie is registered with the appropriate
country's copyright office, the material at the beginning or end may contain a
copyright notice which can be a c inside a circle ©, or the word "copyright",
followed by the year(s) of the copyright and the copyright owner's name. This
functions to inform any potential users that the work is protected from copying.
Year(s) Of Copyright
The year(s) of copyright are listed after the © symbol. If the work has been
modified (i.e., a new edition) and recopyrighted, there will be more than one
year listed.
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