The ABCs of Copyrighting By Wendi Williams, Editor

Copyrighting is still one of those elusive rights we know exists, but few fully understand until a violation has occurred. I hope this article will help to shed some light on copyright basics.

What materials are/not copyrighted?
Simply put, a copyright protects the published and unpublished works of authors/creators regardless of nationality under title 17 of the United States Code. Such works include literary and intellectual property, software, plays and accompanying music, music and lyrics, and artwork, including pictorial, audiovisual, graphic, and sculptural works. Under the copyright law, authors permit entities to reproduce, import/export, or display their work in various formats such as in public settings, motion pictures, or digital audios. Copyright also extends to architecture, or to work performed through pantomime or choreography (USCO, 2005).

Copyright does not include unwritten or unrecorded works. Copyright does not include specific titles, slogans, blank forms, ideas, listings of ingredients, procedures, processes, or works considered public domain such as calendars or charts containing height and weight measurements where true authorship is unknown (USCO, 2005).

When does copyright begin and end?
Your work is "copyright secured" when it is reproduced in a fixed format either written or as a phonorecord for the very first time. A phonorecord is described as an object with sound, including a motion picture soundtrack, a cassette, compact disc, digital video disc, or in the good ole days, a long playing record (USCO, 2005).

An unpublished or registered work created on or after January 1, 1978, is protected automatically and remains copyrighted until the author's death plus 70 years thereafter. Works created "for hire," anonymously, or under a pseudonym remain protected (unless the author is identified) for a period of 95 years or 120 years from the date of its creation, whichever period is shorter. Most works created prior to January 1, 1978, are protected in the same way (USCO, 2005).

For a published or registered work prior to January 1, 1978, copyright is secured on the date the work was published with a copyright notice or on the registration date if the work is registered in an unpublished format. In both cases, the copyright will last for a period of 28 years from the date of security, and is eligible to be renewed in the twenty-eighth year. Furthermore, the Copyright Act of 1976 extended this period from 28 to 47 years for copyrights already in existence on January 1, 1978, or for work created prior to that date under the Uruguay Round Agreements. Several amendments have been added since that time that further extends this protection from 28 to the full 95-year period (USCO, 2005).

How to copyright a work
To officially copyright a work, authors, claimants, owners, or authorized agents must complete the appropriate copyright form and pay a set fee for each application. If the work was published in the United States on or after January 1, 1978, you will need to send two complete copies or phonorecords of the best quality and edition. If the work was published in the United States prior to January 1, 1978, two completed copies or phonorecords are to be submitted. If the work was published outside the United States, then only one complete copy or phonorecord is required as it was first published (USCO, 2005).

Printed material that is copyrighted will contain the © symbol or the abbreviation "Copr," the year, and the name of the owner. For example, Extension uses the following:

© 2005 Alabama Cooperative Extension System. All rights reserved.

Phonorecords will contain a circle with the letter p in the center, the year of publication, and the name of the owner. Registering your work makes you eligible to sue and possibly claim statutory damages, including attorney and court costs (Copyright Website, 2005).

A word about the Internet
On the Internet, essentially the same rules apply---only "expressed" works are copyright protected. You would be wise to use the copyright symbol on your Web pages. However, make sure graphics, photos, or the text (content) you use were not created by another company or individual. In the event that such material is created elsewhere, then you will need a formal agreement (permission) or a license to use that material (Copyright Website, 2005).

This article just provides an overview of copyrighting. For additional information, be sure to visit the website of the United States Copyright Office and/or consult with an attorney that is an expert in copyright laws.

Copyright Website LLC. (1995-2005). How to copyright. The Law. Retrieved March 29, 2006.

United States Copyright Office. (2004). Copyright basics. Washington, DC: United States Printing Office.