Copyright Law Copyright protection exists for original works of authorship that involve some minimal level of creativity. In order to be eligible for copyright protection, the work must be fixed in a tangible medium of expression so that it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine/device. → Read More
Do I need copyright permission to print famous quotes in a company manual? For long dead historical persons, you do not have to obtain permission from anyone to use quotes. You can use as many quotes as you want. Any copyright Shakespeare may have enjoyed for his works and utterances has long expired. → Read More
What is a “work for hire?” The default copyright scenario is that a creator owns his or her work. For another party to own the work, it must be set forth in writing. Under this default, therefore, contractors own their work. If a written agreement with a contractor sets forth that the work is a ‘work for hire,’ then the person paying for the work in most cases will own the work. → Read More
What is the Digital Millennium Copyright Act? The ‘Digital Millennium Copyright Act’, or DMCA for short, became law several years ago and expanded copyright to address several issues regarding computers and the internet. Some of the more important provisions of the DCMA are anti-circumvention provisions, the Online Copyright Infringement Liability Limitation Act, and the Computer Maintenance Competition Assurance Act. → Read More
What arguments may be advanced to defend a claim of copyright infringement? Arguments, or defenses in copyright claims cases, are used by the party in a case being sued to either reduce or eliminate the suing party’s case. In copyright law there is a specifically set forth list of acceptable defenses ranging from independent creation to statute of limitations. → Read More
From what point in time does the copyright statute of limitations begin to run? There are two distinct statutes of limitations listed under modern copyright law—criminal proceedings and civil actions. In civil actions under copyright law, the copyright statute of limitations tolls, or begins running, when the copyright infringement is discovered. → Read More
What works cannot be copyright protected? Not all works can receive copyright protection. In fact, Title 17, the copyright title, specifically lists what can and can’t be considered copyrightable based on certain requirements. The first requirement for a work to be copyrighted is that it must be original. The second requirement under the copyright code is that the work be fixed in a tangible form. → Read More
Can I use someone else’s copyrighted work? Copyrighted work may be used with the copyright holder’s consent or for certain purposes by people other than the copyright owner under the Fair Use doctrine. The Fair Use doctrine allows reproduction for specific and limited purposes such as criticism and comment, news reporting, teaching, scholarship, and research. → Read More
When is work considered to be in the “public domain”? The ‘Public Domain’ refers to created material that either does not get copyright protection by law, or protection under the law has lapsed. By definition, materials in the public domain do not have copyright protection and thus you do not need the owner’s permission to use these materials. → Read More
What is “fair use” in intellectual property law? Fair Use is a defense to a claim of copyright infringement. This means that if you were to use a work and you thought your use was “fair use”, you would have to be sued for infringement and assert that defense. You or your attorney stating this belief would not prevent you from having to prove this defense in court as part of a copyright infringement claim. → Read More
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