Weiss & Moy, P.C.

What is a copyright?

A copyright is a form of legal protection granted by the government to the creators of "original works of authorship," which includes literary, pictorial, dramatic, musical, artistic, and other similar creations. A copyright owner holds the rights of reproduction, adaptation, public distribution, public performance, and public display.

Purchasing a copyrighted work, such as a book or a CD, does not grant the purchaser the copyright, since the purchaser was not the author of the work.

Fair Use

The "Fair Use" doctrine is the largest and most well-known exception to the general rule that the copyright owner holds the rights of reproduction, adaptation, public distribution, public performance and public display. The reproduction of copyrighted works without the owner’s permission may be legal or "fair" if it meets certain criteria. First of all, the purpose of using the copyrighted work must usually be for criticism, comment, news reporting, teaching, scholarship or research. In addition, there are four questions that must be asked to determine whether the copying can be considered "fair use."

1. Is the copying for a commercial or nonprofit purpose?
2. What is the nature of the copyrighted work?
3. How substantial is the amount of copying in relation to the copyrighted work as a whole?
4. What effect will the copying have on the potential market of the copyrighted work?

It is not always easy to distinguish between copyright infringement and fair use. As a general principle, the more substantial the copying the more likely it is to be infringement. However, there is no specific percentage of words or notes that may be safely copied without permission.

The attorneys at Weiss & Moy, P.C. can help you determine whether or not the fair use doctrine can be applied to your situation.

How long does copyright protection last?

For works created on or after January 1, 1978, copyright protection endures for the life of the author plus an additional 70 years. If the work was created jointly, then the term of the copyright is 70 years after the last surviving author’s death. For anonymous and pseudonymous works and works made for hire, the term of the copyright is 95 years from the year of first publication or 120 years from the year of creation, whichever period is shorter.

For works created, but not published before January 1, 1978, the copyright term is the life of the author plus 70 years, but in no case will the copyright expire earlier than December 31, 2002. If the work was created prior to January 1, 1978 but published on or before December 31, 2002 then the copyright term will not expire before December 31, 2047. For works created prior to 1978 that are in their original or renewal term of copyright, the total length of the copyright is extended to 95 years from the date that the copyright was originally secured.

How long does it take to obtain copyright registration?

It usually takes between three and nine months to receive your certificate of copyright registration from the Copyright Office.

Copyright Law

Copyright law is governed by federal law. A federally registered copyright is granted by the United States Copyright Office. Once federally registered, a copyright allows its owner to file suit for copyright infringement and qualify for statutory damages.

Why obtain a federally registered copyright?

A copyright exists the moment that your work is created and fixed in a tangible form (for example, on paper). So why register your copyright? Without registering your copyright with the United States Copyright Office, you cannot sue anyone for copyright infringement. Moreover, if you wait until someone else infringes before registering your copyright, then you will not be able to obtain statutory damages. Statutory damages allow you to obtain as much as $150,000 for each act of infringement, without having to actually prove damages. In order to qualify for statutory damages and attorney’s fees, you must register your copyright no later than within 3 months of publication of the work. Otherwise, you will only be able to recover actual damages that can be proven.