Copyright law is the means by which authors and creators can protect their works, whether artistic, literary, or musical. In fact, anything from major motion pictures to commercial jingles can benefit from copyright protection. However, navigating the legal aspects of copyright protection often requires at least a basic understanding of common copyright terminology.
Certificate of Registration
A certificate of registration is an official document showing that a copyright has been registered with the Copyright Office. In general, the information contained in the certificate is considered valid in a court of law. This is as long as the claim is made within five years of the publishing date of the original material or unless the claim is otherwise shown to be false.
Deposit
A deposit is a copy of a work that is copyright protected, and held in the Copyright Office to help support the validity of a copyright claim. In most cases, copyright registrations must be accompanied by a deposit per Section 407 of the 1976 Copyright Act.
Work Made for Hire
Work made for hire is a copyrighted work created by an author that's considered an employee, where the copyrighted material is created under the scope of their employment agreement. In this case, the copyright would belong to the employer. This rule also sometimes applies to works that are commissioned or ordered, depending on the circumstances.
Copyright Notice
A copyright notice is a symbol or words placed on a published work to denote that it's copyright protected. At one time a copyright notice was required on all copyrighted materials. However, after March 1, 1989, copyright notices became optional, except for works published before this date which are still subject to the prior law.
Public Domain
Works that are in the public domain are those that are free to use by the public without the permission of the author. Works become public domain if they either do not qualify for copyright protection, or the original terms of the copyright have expired.
Copyright Infringement
Copyright infringement occurs when a protected work is used without the author's permission. Examples of infringement include works that are distributed, performed, reproduced, created as a derivative work or publicly displayed. Copyright Infringement law makes this illegal and prosecutable in court.
Royalties
An author of a copyrighted work may allow others to use the protected material, in whole or in part, as part of a licensing agreement. This agreement typically involves royalties, which are usage-based payments made by the licensee to the copyright holder.
P2P Networking
P2P Networking, or peer-to-peer networking, is relatively new to copyright law due to increases in Internet technology and usage. P2P networks share information between users, and are sometimes used to illegally share copyrighted material over the Internet.
When navigating copyright law, it's recommended that you hire an expert to help both in applying for a copyright and defending your property. Consider hiring an attorney who specifically specializes in copyright law to help you through the application process, as well as to have on call in cases of copyright infringement.
