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Frequently Asked Questions

Copyright is a form of intellectual property that grants the creator of an original work, exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator of intellectual wealth to receive compensation for their work. Original works of authorship such as literary works (including computer programs, tables and compilations), dramatic, musical and artistic works, cinematographic films and sound recordings. In short everything that can be penned into a paper having created solely by its author..

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Literary work (i.e. books, articles, notes, texts, etc.)
Cinematographic film and photographs.
Software or computer program.
Work of architecture.
Sound recording (i.e. song, record, cassette, CD, etc.)
Websites, web content, home pages.
Artistic work (i.e. Logo, design, etc.)
Dramatic and musical work (i.e. skit, play, movie, etc.)

Copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author until [sixty] years from the beginning of the calendar year next following the year in which the author dies.

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Unfixed works that have not been recorded in a tangible, fixed form
Work in the public domain
Tiles, names, short phrases and slogans, famililar symbols or designs, numbers
Ideas and facts
Processes and systems
Federal Government work

For original works created after 1977, copyright lasts for the life of Author/Creator+70 years from the author’s death for his/her heirs
For ”works made for hire” corporate works and anonymous wrk crated after 1977, copyright can last from 95-120 years from publication

Author/Creator
Author/Creator’s heirs if the creator is dead
Creators of joint work automatically share copyright ownership unless there is a contrary agreement
Anyone to whom Author/Creator has given or assigned his or her copyright . usually this means that the Author/Creator has given up his or her own copyright in the work

reproduction right: the right to make copies of a protected work
distribution right: the right to sell or otherwise distribute copies to the public
right to create adaptations (called derivative works): the right to prepare new works based on the protected work, and
performance and display rights: the rights to perform a protected work (such as a stageplay) or to display a work in public.This bundle of rights allows a copyright owner to be flexible when deciding how to realize commercial gain from the underlying work; the owner may sell or license any of the rights

Yes. When a copyright owner wishes to commercially exploit the work covered by the copyright, the owner typically transfers one or more of these rights to the person or entity who will be responsible for getting the work to market, such as a book or software publisher. It is also common for the copyright owner to place some limitations on the exclusive rights being transferred. For example, the owner may limit the transfer to a specific period of time, allow the right to be exercised only in a specific part of the country or world, or require that the right be exercised only through certain media, such as hardcover books, audiotapes, magazines or computers.
If a copyright owner transfers all of his rights unconditionally, it is generally termed an “assignment.” When only some of the rights associated with the copyright are transferred, it is known as a “license.” An exclusive license exists when the transferred rights can be exercised only by the owner of the license (the licensee), and no one else — including the person who granted the license (the licensor). If the license allows others (including the licensor) to exercise the same rights being transferred in the license, the license is said to be non-exclusive.

Licensing is when a copyright owner gives permission for someone else to do something normally restricted by copyright law. For example, the creator of a song may license a song to an advertising agency, allowing the ad company to use parts of her song in a television commercial in exchange for compensation.
Sometimes a creator may want to give everybody the permission to make copies of his or her work. For example, some musicians want fans to make copies and share their songs, so they license their songs in a way that gives others explicit permission to copy and share them. One increasingly common set of licenses that exist for this purpose are Creative Commons licenses.

There are several limits on copyrights. For example:
Fair Use allows the public to use portions of copyrighted work without permission from the copyright owner. To decide whether a use is a fair use, courts look at four factors:
The purpose and character of the second use: Is it just a copy, or are you doing something different from the original work? Is your use commercial?
The nature of the original: Was the original work creative or primarily factual
Amount used: How much of the original work was used, and was that amount necessary?
Effect: Did the use harm the market for the original work? For example, would people buy this work instead of the original?

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