Protecting Original Works Against Copyright Infringement
Basics in Copyright and Coverage of Protection
Copyright is important if a person wants his/her original works to be protected. It is a legal right that provides creators exclusive moral and economic rights over original works that express information or ideas, or a work of art or literature, the right of controlling its use.
Copyright is a kind of protection that is granted by United States laws to authors of works or materials that are original. Its protection also covers all kinds of works that are still unpublished regardless of the authors nationality or domicile.
There are different rights creators have over their works. Some of these rights include:
Reproduction right- Creators possess the right to reproduce copies or allow the reproduction of their original works.
Distribution right- Creators possess the right to distribute or sell the copies of their original works to the public
Right to Create Derivative or Adaptation Works- Creators possess the right to organize as well as control the preparation of new works that based
on an original work that is protected.
Display and Performance rights- Creators possess the right of performing or displaying their original works to the public.
Meanwhile, there are different works that are copyrightable. Some of these works include the following:
Sound recordings
Literary works
Choreographic and pantomime works
Audiovisual works and motion pictures
Sculpture, pictorial and graphical works
Dramatic works that include any accompanying music
In addition, the protection given by copyright also covers plays, DVDs, and novels, among others.
Limitation of Copyright Protection
Although there are numerous works that are given protection by copyright, there are still other works that are not coved by it. Some of these works or materials include:
Methods, ideas, systems, processes, concepts, devices, principles, or discoveries as distinguished from an illustration, explanation, or description
Titles, short phrases, and names
Works that were not set in tangible form like choreographic works that have not been noted or recorded
Mere variations of typographic decoration, lettering, or coloring
Common designs and symbols
Mere listings of contents or ingredients
Qualifying Copyright Protection
Not all of the creators or works that are covered by copyright can acquire the protection given by it. There are certain qualifications that should be first accomplished by creators so that their original works will be protected.
For a work to be qualified for the protection provided by copyright it first has to exist or made tangible though medium such as papers/CDs, it must be an original work, and it also has to be an outcome of creative effort from its creator.
Copyright Infringement
Copyright infringement is defined as the unauthorized use of any product that is covered or protected by copyright or registered under the law in such a way that it violates one of the copyright owners original rights.
The rights of the creators over their original work can only be used by them or someone whom they have assigned to or decided to transfer all or a part of their rights. A person who uses a protected material wrongfully may be sued by the owner for copyright infringement.
Legal Help from Attorneys
If your rights as provided by copyright are violated because someone used your material in a wrong way, there are attorneys who can help you. These attorneys will make sure that the party that you will sue for copyright infringement will be punished by law for what happened.
by: Jan Camille Canivel
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