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© 2001 Elias M. Gordan
All rights reserved
Law Office of
Elias M. Gordan
Post Office Box 60
Palos Park, IL 60464
Phone 708.923.9735
Email gordanlaw@att.net
Web www.gordanlaw.com
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FACT SHEET ON COPYRIGHTS
What is a copyright? The exclusive right of an author to copy, perform, display, or transmit his or her (or their) work. Copyrights are protected under Federal law.
Who can get a copyright? The author of a “work”. “Work” is interpreted broadly, to include books, newspapers, lectures, music, art, software, photos, plans, and even buildings. Under the “work for hire” doctrine, employers are considered the “authors” of works prepared by their employees, within the scope of their employment.
How does one obtain a copyright? By creating a work. Copyright arises automatically upon creation. It is helpful, but not necessary to affix a © notice. However, an author's rights can be enhanced, by registering the work with the Copyright Office, a branch of the Library of Congress.
Why register a copyright? Copyright registration is easy to do, and often can be done without the aid of an attorney. Copyright registration is typically required, before taking legal action against unauthorized copiers. Prompt registration provides added legal protections, and added leverage against unauthorized copiers.
How long does a copyright last? For works created on or after 1 January 1978:
up to 70 years after the author's death, if the author is an individual
the earlier of 95 years from publication, or 120 years after creation, if an anonymous work, a pseudonymous work, or a work for hire is involved
Can one copy a copyrighted work? The law recognizes and allows “fair use” of a copyrighted work, but only up to a certain point, which varies with the individual case. Independent creation of a work, without ever having seen the copyrighted work, is allowed under copyright law. However, contract terms may limit or disallow fair use.
For links to additional useful information, click here
DISCLAIMER: For general information only. Not to be considered legal advice, nor create an attorney-client relationship.
Law Office of Elias M. Gordan
16335 S. Harlem Ave., Suite 400
Tinley Park, IL 60477
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