Components of Copyright:
1. Original Works of Authorship:
Copyright protects original works created by authors, including:
Literary works (books, articles, poems)
Musical works (songs, compositions)
Dramatic works (plays, scripts)
Artistic works (paintings, sculptures, photographs)
Architectural works
Audiovisual works (movies, TV shows)
Choreographic works
Computer programs (software code)
2. Fixed in a Tangible Medium of Expression:
Copyright protection applies to works that are fixed in a tangible form, such as written on paper,
recorded on a disk, saved in a digital file, or otherwise embodied in a physical or electronic medium.
Ideas, concepts, systems, or methods of operation are not eligible for copyright protection; only the
original expression of these ideas is protected.
Rights Granted by Copyright:
1. Reproduction Right:
The exclusive right to reproduce the copyrighted work in copies or phonorecords.
This includes making copies in physical or digital formats, such as printing books, burning CDs, or
duplicating digital files.
2. Distribution Right:
The exclusive right to distribute copies or phonorecords of the copyrighted work to the public by sale,
rental, lease, or lending.
This includes selling physical copies, licensing digital downloads, or streaming content.
3. Public Performance Right:
The exclusive right to perform the copyrighted work publicly, such as in theaters, concert halls, or on the
radio.
This applies to musical, dramatic, and other performance-based works.
4. Public Display Right:
The exclusive right to display the copyrighted work publicly, such as in galleries, exhibitions, or on
websites.
This applies to visual arts, photographs, and other visually perceptible works.
5. Derivative Works Right:
The exclusive right to create derivative works based on the copyrighted work, such as adaptations,
translations, or remixes.
This includes making modifications, additions, or other transformations to the original work.
6. Digital Transmission Right (for Sound Recordings):
The exclusive right to control the digital transmission of sound recordings through interactive streaming
services like Spotify or Apple Music.
Duration of Copyright Protection:
- Individual Authors:
Copyright protection for works created by individual authors lasts for the life of the author plus 70 years
after the author's death.
For joint works, the term lasts for 70 years after the last surviving author's death.
- Works Made for Hire and Corporate Authors:
Copyright protection for works made for hire or works created by corporations lasts for 95 years from
the date of publication or 120 years from the date of creation, whichever is shorter.
Registration and Enforcement:
Copyright protection is automatic upon the creation of the work and fixation in a tangible medium.
However, registration with the U.S. Copyright Office is recommended as it provides several benefits,
including the ability to sue for statutory damages and attorneys' fees in case of infringement.
Copyright infringement occurs when someone violates the exclusive rights of the copyright owner
without permission, and remedies may include damages, injunctions, and the seizure or destruction of
infringing copies.
Fair Use:
Fair use is a doctrine in copyright law that allows limited use of copyrighted material without permission
from the copyright owner for purposes such as criticism, commentary, news reporting, teaching,
scholarship, or research.
Whether a particular use qualifies as fair use depends on several factors, including the purpose and
character of the use, the nature of the copyrighted work, the amount and substantiality of the portion
used, and the effect on the potential market for the copyrighted work.
Conclusion:
In summary, copyright provides creators with exclusive rights to control the use and distribution of their
original works of authorship. It encourages creativity and innovation by rewarding creators for their
contributions to society while balancing the public interest in accessing and using copyrighted works for
various purposes.