U. S. Copyright Law--Page 1
What is a copyright?
The U.S. Copyright Act protects "original works of authorship" from being reproduced without the consent of the original author or artist. It covers tangible expressions, not ideas.
The Copyright Act is a Federal law. There are no state laws governing copyrights. The current law, (U.S. Code, Title 17, Section101 and following) took effect Jan. 1, 1978, replacing the law created in 1909. Certain copyright transactions prior to Jan 1, 1978, are governed by the 1909 law. Congress has amended the current law often since it was enacted, but basic provisions have not changed.
The courts apply three basic criteria to determine the existence of an "original work of authorship."
- Originality: The work must be independently created by the author, but it need not be "novel."
- Creativity: The work must possess a "minimal degree" of creativity.
- Fixation in a tangible medium: This refers to the actual expression of an idea, rather than the idea itself. This occurs when the work appears, by or under the authority of the author, in a sufficiently permanent state to permit it to be perceived, reproduced, or otherwise communicated to others.
What a copyright can cover
• Pictorial, graphic and sculptural works.
This includes two- and three-dimensional works of fine, graphic and applied art, photos, prints, and art reproductions, maps, globes, charts, models and technical drawings, including architectural plans.
• Literary works, musical works, including any accompanying words; dramatic works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; motion pictures and other audiovisual works, sound recordings, and architectural works.