Copyright basics  (Page 2/5)

artist of limited talent nevertheless may retain copyright in his or her works. Copyright is not a mark of quality, but of minimal creativity recorded in a fixed medium. (U.S. Copyright Office 1992) The limit of the “modicum of creativity” is expressed by the “Merger doctrine”. If there are only one or two ways an idea can be expressed, then it is not copyrightable. If it were, then its’ distribution could be limited by its owner.

A “fixed medium” is anything that can be returned to at a later time, which will display the same information or illustration as before. Paper, computer storage, stone or clay, paints, and a computerized piano keyboard’s recording system all are considered fixed medium. No registration or special symbols are needed to gain copyright; it is present as soon as the somewhat-original work is created. (U.S. Copyright Office 1992)

• III. What are the rights of the copyright owner?

The copyright owner has six basic rights : to make copies, to distribute those copies; to make derivative works; to perform or display the work in public; and

to perform the work by means of a “digital audio transmission.” Any of these rights can be licensed to another person or a company such as a publisher.

Making copies refers to making any type of copy: a photocopy, a photograph, a hand-drawn copy that is indistinguishable or close to it; and computer copies of any sort. These actions count as infringement even if it can be shown that no one has viewed the work.

Distribution is placing the copyrighted work in a way that copies are available to many people. Placing the work on a public Internet site is one form of distribution. Making copies and selling them from a store, or giving them to your friends on a casual basis is another. All of these actions are forms of distribution.

Derivative works are new formats or types of works made from the original item. A novel could be rewritten as a movie; an event from a short story may become a poem or a song. A blog posting could lead to a reader creating a short story. The right to make or prevent derivative works belongs to the copyright owner.

Display or performance in public means that an artwork is made viewable to the public, or that a play, song, or movie is performed in a place the general public can access. (U.S. Copyright Office 1992) Some relatively private areas, such as a college dorm meeting room, at a church outside of services, or a business-dining hall, may seem as though they are not public, but they are. A person not known to the others may walk in at any time. (Note that some campuses define dorms as a “house” where you cannot expect a large number of strangers to congregate. On these campuses, a dorm is not public). (Univ. of Connecticut 2008)

To perform the work by means of a “digital audio transmission” generally means that the music or dramatic work is shared via the Internet or digital radio.

• IV. What are the benefits of registering a copyright?

Once a creator has their creation saved in a “fixed medium,” they have the option to register it with the Copyright Office. Registration is done online at (External Link) . It requires a copy of the work to be registered and a fee of either $35 or $45. (U.S. Copyright Office 2010) If the creator plans to sell or distribute their item, or display it online, registering the copyright adds a level of security. It establishes that the owner cares about her creation, and it shows a level of knowledge about copyright. Persons who might be looking for materials to illegally copy and re-distribute are more likely to not use copyrighted items. However, registration is not required in order to put a copyright statement on a work. A creator may label their work “©2010 Tomas Garcia” without registration. The ultimate benefit of registering a work is that it is required if the owner wishes to sue an infringer for statutory damages. Without registration, the copyright owner may sue for actual damages. Which damages are greater is a matter of circumstances. In most cases, litigation is easier if the work is registered with the Copyright Office before the infringement occurs.