Protecting One’s Work Thru Copyright

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by: Mesriani
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Word Count: 489

What is copyright?

Copyright is a legal concept, ratified by the government, that gives exclusive rights to the author or maker of an original work to access, reproduce, distribute, perform and present his work publicly.

The Copyright Law of the United States and Related Laws (Chapter 1), states “Copyright protection subsists in original works of authorship fixed in any tangible medium of expression…from which they can be perceived, reproduced or otherwise communicated either directly or through a machine or device.”

Categories are:

1. literary works
2. musical works, including accompanying words
3. dramatic works, including any accompanying music;
4. pantomimes and choreographic works;
5. pictorial, graphic, and sculptural works;
6. motion pictures and other audiovisual works;
7. sound recordings; and
8. Architectural works.

Copyright protection

Copyright stems when any of the abovementioned works is truly “created and fixed in a tangible form.”

If you are an author or creator of any work, you should register it to the U.S. Copyright Office, which is a requirement for monetary damages. It is imperative so as you have a defense if someone copied or in any way, used your work without asking for your permission.

Copyright registration

How are you going to register your work?

1) Get and complete the application form.

2) Prepare a clear version and rendition of material that you are going to submit.

3) Send the documents, including the filing fee, copies or phone records to the U.S. Copyright Office in Washington, D.C.

Why is registration necessary?

The Copyright Office will review your application and noticeable errors of your work before issuing a certificate of registration.

Once registered, your work will be on the list of U.S. Copyright claims.

Although registration is no longer needed to provide copyright protection, registering your original work will place you in good point once a violation crop up against your creation.

It is also important so you could get hold of constitutional damages in case of infringement.

Violation of Copyright Law

Once someone violated the copyright law, you have a right to sue that person and charge him of copyright infringement or plagiarism.

• Copyright infringement- is the unauthorized and illegal use of material or any work that is covered by the copyright law. This is in a manner that would breach or violate the exclusive right of the owner.

• Plagiarism- unauthorized copying and using of ones work and claiming it as his own

Charge Exemptions

• If a person asked permission and agreed with your terms and conditions, he can claim his work as new version and you cannot charge him of copying your work.

• If one’s work has been used for news reporting, research, lampoon, caricatures and education purposes, the people who use it would not be liable for plagiarism or copyright infringement charges.

• When you are going to use someone’s work, you must give credit through naming your source or giving the name of the author. (e.g. bibliography or footnotes)

• If it is possible for you to contact the owner, or request permission to use his work, do it.

Do you have any problems about Copyrights and other Intellectual Property issues? Log on to our website and let our expert Los Angeles lawyers help you.

About the Author

Darren wants to become a successful writer and get-in to the roster of brilliant and excellent writers. Driven by her passion, she took up Bachelor in Journalism and engaged herself in different school publications. She firmly believes in the magic of writing and power to influence through words. She also aspires to become a lawyer someday.

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