 |
|
|
|
 |
 |
 |
|
Getting Started: Copyrights
Introduction | Understanding Technology Commercialization | Patents | Copyrights
What materials are protected by the federal copyright act?
- Literary works: books, pamphlets, computer programs, manuscripts, poems
- Musical works (including accompanying music)
- Dramatic works (including accompanying music)
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audio visual works
- Sound recordings
- Architectural works
When do copyrights take effect?
Copyright protection exists from the time the work is created in fixed form. The copyright interest is established as the work is prepared, even before the standard copyright notice is applied. Registration technically has nothing to do with the creation of the copyright.
Who owns the copyright?
In general, the author/creator owns the copyright. It must be kept in mind that the copyright is separate and distinct from the original work itself. Thus, the sale of the original embodiment of the work, whether it is a manuscript, a sculpture, or a computer program, does not of itself convey the copyright. The copyright can be conveyed by a separate legal instrument recognized by law. Thus, the "creator" or "author" of a computer program may sell the program, but the purchaser does not have the right to copy or reproduce that program unless the purchaser has also purchased rights to the copyright. Author-owned copyrights descend to the authors' heirs.
Exceptions
Both exceptions are defined as a "work made for hire." In the first, the work is created by an employee operating within the scope of his/her employment. That work is owned by the employer during and after completions. The second exception covers specially ordered or commissioned works for hire. The General Rules of the University of Illinois carefully distinguish the kinds of authorship the University considers to be "works made for hire" by its employees.
How do you get a copyright?
If the work is never distributed or published, there is no statutory requirement to do anything. However, it is wise to apply the standard statutory notice to the work as soon as it is completed, whether or not there are plans to distribute or publish it. This will protect the author where the work is wrongfully appropriated.
Although the Copyright Statute suggests several alternative marks as acceptable statutory notice, the © is recognized by international treaty as the international mark and is recommended because it affords international protection. The full notice should include © followed by the year of publication, (if unpublished, leave blank or use the year of creation) followed by the name of the owner. The word "copyright" is not recognized internationally as a substitute for the ©, but may be used thereafter if desired.
The notice should take the following form:
- © 1993, Jane Doe and John Doe, or
- © 1993, The Board of Trustees of the University of Illinois
Where should the copyright notice appear?
It should be placed to give reasonable notice of the copyright claim. One notice may be ample for a bound book or painting. However, there is no prohibition against multiple notices, particularly where the work is separable. It is recommended that the notice on a book be on or near the title page, with the title or credits of a motion picture, in the title screen and packaging of a computer program, and additionally on the packaging of other authored works.
Must a copyright be registered?
The Copyright Act mandates that the owner of a published work deposit two copies with the Copyright Office within three months of publication. Registration is a prerequisite for pursuing infringement actions, but failure to register does not forfeit the copyright interest. Remember, your copyright protection is secured as soon as your work is created. Registration of the copyright protects those rights.
How do you register a copyright?
Authors or creators must fill out the appropriate form for the class of work they have created and send the form, two copies of their work, and $20.00 payable to "Register of Copyrights" to the Library of Congress in Washington D. C.
Where can you obtain copyright forms?
Researchers at UIC may obtain forms either directly from the
Copyright Office at (202) 707-3000 or from OTM at 6-4995.
 |
|