Term paper on The Current Status Of Copyright Law

Free The Current Status Of Copyright Law papers

The Civil Rights Cases
The Civil Rights Act of 1875 was an effort of the Post-Civil War Congresses to enforce civil rights throughout the United States. It was a part of the Reconstructionists to eliminate racial discrimination throughout the United States and this Act was one form to attempt to accomplish this. They took

The 1st Amendment and our Rights
The 1st Amendment and our Rights Freedom of Speech, freedom of expression, both oral and written, from governmental prior restraint, except as such expression constitutes libel, slander, obscenity, sedition, or criminal conduct such as bribery, perjury, or incitement to riot. In the U.S., this f

The Current Status of Copyright Law

A copyright provides the creator of an intellectual production with ownership and exclusive rights to publish, print, distribute, or sell the copyrighted material. Intellectual productions that are eligible for copyright privileges include written material, written and recorded music, paintings, sculptures, photographs, movies, videos and video games, computer programs, and many other mediums of creative expression. To qualify for copyright protection a work must be creative, exist in physical form, and be originally produced by the author. A copyright cannot protect ideas, facts, titles, names, short phrases, or blank forms.

Generally, a copyright is owned by the creator of a work, but there are some exceptions. If an employee creates a work during the course of employment, the employer may own the copyright. Likewise, if an independent contractor creates the work, the copyright may be held by the commissioning organization. Additionally, if the owner of a copyright sells the rights to a work, the purchasing party becomes the copyright owner. In the case that two or more authors contribute to a joint work, they are considered joint copyright owners and have equal right to register and enforce the copyright. For works published after 1977, the copyright is enforceable for the life of the author plus seventy years. After this time period, the work enters the "public domain", and anyone has access to it without infringing on the copyright.

As of March 1, 1989, a published work is automatically protected as soon as it is created. It is advantageous, however, to register the work with the U.S. Copyright Office for a number of reasons. Registering a work strengthens the rights of the creator in case of a copyright violation by allowing a lawsuit to be brought against the violator. Although an unregistered work is protected, a lawsuit cannot be brought to enforce it until it has been registered. Additionally, if a work is registered within three months of its creation (or at least prior to any infringement), the copyright holder can collect actual damages as well as statutory damages.

Once a work is registered with the U.S. Copyright Office, a copyright notice can be added to the work. This notice consists of: the word "copyright", a "c" in a circle (ã), the date of publication, and the name of the author or copyright owner. A copyright notice is not required to protect the work, but is still important. If the notice is included, a copyright violator cannot claim that they were unaware of the copyright. The notice also serves to discourage infringement in the first place. Including a notice may even make it easier for a potential violator to locate a copyright owner and obtain permission to use the work.

When the form or expression of a work is copied, a copyright infringement has occurred. The reproduction need not be identical to the...

Benedict.com. (2000). Copyright Registration.

[Online] Available:

http://www.benedict.com/basic/register/register.html

Benedict.com. (2000). Copyright Notice.

[Online] Available:

http://www.benedict.com/basic/basic/notice.html

Benedict.com. (2000). Copyright Protection.

[Online] Available:

http://www.benedict.com/basic/basic/scope.html

Benedict.com. (2000). The Fair Use Test.

[Online] Available:

http://www.benedict.com/basic/fairuse/fairtest.html

Miller, Roger LeRoy, & Cross, Frank B. (1999). The Legal Environment Today:

Business in Its Ethical, Regulatory, and International Setting.

New York: West Educational Publishing Co.

Nolo.com. (2000). Copyright Basics FAQ.

[Online] Available:

http://www.nolo.com/encyclopedia/articles/pct/pct13.html

Nolo.com. (2000). Copyright Ownership: Who Owns What?

[Online] Available:

http://www.nolo.com/encyclopedia/articles/pct/pct16.html

Nolo.com. (2000). Copyright Protection: What It Is, How It Works

[Online] Available:

http://www.nolo.com/encyclopedia/articles/pct/pct18.html

Nolo.com. (2000). Copyright Registration and Enforcement

[Online] Available:

http://www.nolo.com/encyclopedia/articles/pct/pct23.html

Nolo.com. (2000). When Copying Is OK -- The 'Fair Use' Rule

[Online] Available:

http://www.nolo.com/encyclopedia/articles/pct/pct75.html

Nolo.com. (2000). Copyright Law Changes That May Affect You

[Online] Available:

http://www.nolo.com/encyclopedia/articles/pct/legislation98.html

You should cite this paper as follows:

MLA Style
The current status of copyright law. EssayMania.com. Retrieved on 31 Jul, 2010 from
    <http://essaymania.com/14581/the-current-status-of-copyright-law>