When does copyright “happen”?
Copyright protection exists from the time the work is created in a fixed, tangible form of expression. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. In the case of works made for hire the employer, not the writer, is considered to be the author.
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Is content found on the Internet considered to be in the public domain and therefore not copyright-protected?
No. The legal concept of the public domain as it applies to copyright law should not be confused with the fact that a work may be publicly available, such as information found in books or periodicals, or on the Internet. The public domain comprises all those works that are either no longer protected by copyright or never were.
Any content in a non-digital form that is protected by copyright will be protected in a digital form. For example, print books are protected by copyright as are electronic books. Analog musical recordings are protected by copyright as are digital musical recordings. A print letter is protected by copyright as is an e-mail letter (both generally owned by the author of that letter or e-mail). Web sites may be protected by copyright as a single work, and also the many different embedded works that are in that Web site may be individually protected by copyright.
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Registration & Other Requirements
The way in which copyright protection is secured is frequently misunderstood. Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a tangible form, such as the first time it is written or recorded. Neither publication, registration or other action in the Copyright Office is required to secure copyright, although registration is recommended.
The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989 . Should the copyright holder elect to utilize a copyright notice, he/she may do so freely without permission from or registration with, the U.S. Copyright Office. In fact, the use of a copyright notice is recommended as it reminds the public that the work is protected by copyright.
What are the consequences of not getting permission to reuse copyrighted works?
The Copyright Act provides for the copyright owner to recover damages for unauthorized use of the ownerÂ’s works. These damages may include the profits resulting from the infringement, or statutory damages ranging from $250 to $150,000 per willful infringement, as well as legal fees.
