Copyrights

A copyright is an exclusive ownership of an original work, which means only the copyright holder can reproduce, sell, lease or display the work, or create derivative works from the original. Copyright pertains to a wide variety of created material, including:

  • Writings, including proprietary software

  • Visual arts, such as drawings, paintings and photography

  • Music, written and recorded

  • Video and motion picture images

  • Choreography

Copyright in the United States lasts for the life of the author plus 75 years. Copyright is separate from the work, so a creator can sell an original work but retain the right to reproduce copies. Copyright is transferable, so the creator can sell the copyright along with the work. But if the creator does transfer the copyright, he or she can reclaim the copyright after 35 years, under most circumstances.

Copyright is automatic: legal protection exists the moment the creator takes an idea and renders it in a tangible form. However, a creator who registers the work with the U.S. Copyright Office has far greater protection. If someone uses an original work without the copyright holder’s permission, the copyright owner can sue for infringement. The owner of a registered copyright can sue for statutory damages, but the owner of an unregistered work must prove actual damages to recover compensation for the infringement.