How the Copyright Law Relates to Print and Non-Print Formats
The
primary objective of copyright is not to reward the labors of authors,
but
"[t]o promote the Progress of Science and useful Arts". To this end, copyright
assures authors the right to their original expression, but encourages
others to
build freely upon the ideas and information conveyed by a work. This
result is
neither unfair nor unfortunate. It is the means by which copyright
advances the
progress of science and art.
The Copyright Law (Title 17, U.S. Code) provides protection to creators of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works. This law gives protection to the published and unpublished material. Copyright law gives the owner of copyrighted material the exclusive right to do and authorize others to:
1) Reproduce the work in copies or audio recordings;2) Prepare derivative works based on the work, (plays from novels, etc.) ;
3) To distribute copies or audio recordings of the work to the public by sale or other transfer of
ownership (rental, lease, lending, i.e. E-Books, Books on Tape, Videos);4) To perform the work publicly (i.e. literary, musical, dramatic or choreographic works,
pantomimes, motion pictures and other audiovisual works);5) To display the copyrighted work publicly (i.e. same as above);
6) With sound recordings, to perform the work publicly by means of a digital audio transmission.
(i.e. MP3, webcasting )
Although
it is illegal for anyone to violate any of the rights provided by the copyright
law, these rights are not unlimited. There are some exemptions from
copyright liability. One of the major limitations is the doctrine
of "fair use", which allows reproduction and other uses of copyrighted
material under the conditions for purposes such as criticism, comment,
news reporting, teaching (including multiple copies for classroom use),
scholarship or research, and to further educational and library activities.
Another limitation to copyright is the "compulsory license," this allows
limited use of copyrighted works upon payment of specified royalties
and compliance with statutory conditions.
There are
several categories of materials that are not generally eligible for federal
copyrighted protection. These are:
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| 1) Works that have not been fixed in a tangible form of expression | Non-notated or unrecorded choreographic works, improvisational speeches or performances |
| 2) Titles, names, short phrases, slogans, familiar symbols or designs, variations of typographic ornamentation, lettering, or coloring, listings of ingredients or contents | Traffic signs, Happy face J, Emotives [i.e. :) :( ;)] |
| 3) Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation or illustration | "How to" instructions |
| 4) Works that consist entirely of information that is common property and containing no original authorship | Calendars, height/weight charts, tape measures and rulers, lists or tables taken from public documents or other common sources |
| 5) United States Government Documents | © 1997 John Dow. Copyright claimed in Chapters 1-5, exclusive of U.S. Government maps |
Relevant Sites
ASCAP (American Society of Composers, Authors and Publishers)
BMI (Broadcast Music Incorporated)
MPLC (Motion Picture Licensing Corporation)
WATCH (Writers. Artists, and Their Copyright Holders)
Working Document: Fair Use in the Electronic Age
United States Copyright Office