In the United States, copyright protects an author’s original works. In literal terms, copyright means the right to copy. This protection is available to authors of literature, drama, music, art and other works, including photographs, drawings, software, audio recordings, radio and television broadcasts of performances, and choreographed. The law gives an owner of an original work the sole right to determine whether or not other individuals may copy, reproduce, perform or display the original works.

When a permanent record is created for the first time in a form that can be read or visually apparent, the work is secured under copyright. If the work is created over a period of time, then the date in which the copy was “fixed” represents the date the work was created.

 

Length of Copyright Protection

The length of time a copyright is protected varies based on when it was created or published. Works created on or after January 1, 1978 are protected from the time the work was fixed in tangible form, through the author’s lifetime plus 70 years. In the case of an anonymous author, corporate author, pseudonymous work, or a work for hire, the period is 95 years from publication or 120 years after the work was created, whichever is shorter. Works published before 1923 are in the public domain. For works created between 1923 and 1977, the following chart may be helpful:

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Guidance on Disclosure and Marketing Issues

OCC

8/14/2006

 

 

 

 

 

 

 

 

 

 

 

Copyright Infringement and Remedies

Copyright infringement occurs when someone copies, exhibits, or performs someone else’s copyrighted works. A court can order confiscation of the copies and require the infringer to pay the copyright owner all profits the infringer received.

The court may also grant a temporary or permanent injunction that prohibits further infringement. An infringer may also be liable for any court costs and attorney fees that the owner incurred in enforcing his copyright.