What is a COPYRIGHT?

Copyrights are original works that range from literary, dramatic, sculptural, musical, cartographic, and choreographic works to pantomimic, architectural, graphic, pictorial, and audiovisual creations. Under US law, works of authorship need to be original and susceptible to being fixed in a tangible means of expression.

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Copyright is more than the mere right to control whether a work of authorship is copied. It is a bundle of rights that empower copyright owners  to allow or prohibit reproduction in various forms, including public performances, public displays, broadcasting, and adaptation of their work. This bundle of rights also gives copyright owners the right to enforce their works of authorship against infringement from others.

While copyright protects original works of authorship, a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law but the way in which they are expressed could be. A trademark protects words, phrases, symbols, or designs that identify the source of the goods or services of one party while distinguishing them from those of other parties and competitors.

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An original work of authorship exists from the moment it is created. It has copyright protection from moment it is created and fixed in a tangible form that it is perceptible either directly or through a machine or device. However, it has to be registered to claim copyright infringement.

Types of Copyrights

The global copyright system recognizes two types of rights:

  • Economic rights: they allow the owner obtain monetary reward from the use of her works by others. The owner may allow or prohibit the reproduction in various forms, public performances, public displays, broadcasting and adaptation of her work.

  • Moral rights: they protect author’s right to claim authorship and the integrity of her work.

DURATION

 

  • The duration of copyrights varies depending on several factors: date of publication, whether the publication was registered, etc.  There is no common rule for how to calculate copyright duration. Protection is usually automatic from the moment of creation, yet legislation varies and each jurisdiction applies its own set of rules and standards. At Brandia, an attorney may guide you through the initial consultation phase without charge before proceeding to obtain protection of your work.