Artist Corner

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We all know how important it is to Copyright our material, but do we know exactly what a Copyright is or how to go about getting one? There are many different types of copyrights and it can be quite confusing as to which one you need.

This is from the Copyright.gov website that explains what a copyright is.

What Is Copyright?


Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: To reproduce the work in copies or phonorecords; To prepare derivative works based upon the work; To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.


In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, Copyright Registration for Works of the Visual Arts.


It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of "fair use," which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.


*Note: Sound recordings are defined in the law as "works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a phonorecord. A phonorecord is the physical object in which works of authorship are embodied. The word "phonorecord" includes cassette tapes, CDs, LPs, 45 r.p.m. disks, as well as other formats.


There are fees associated with obtaining a copyright and forms to be filled out and submitted with a copy of the works. You can obtain a copyright at a cheaper fee of you apply for it online through their website.

Visit www.copyright.gov for all the forms and instructions. They also have an FAQ section and plenty of information to find out what type of copyright you need.

Copyright 2008 Lynn Tincher

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Hi Lynn

Thank you for this view on the US copyright and link to copyright.gov.

Here we are on the web, housed by US servers but readable from any country, and the laws of all countries shall apply. This opinion meets the informations found in the Wikimedia Commons when they consider an image as free in some countries but do not recommend to use it because it is not free everywhere due to differences in national laws.

What is your opinion concerning the copyright issues on the web ? Are you aware of some lawsuits ? Can you recommend some specialized websites on that subject ?

All the best

Pierre

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I really wish I had all the answers. I'm so glad you responded to this so that we can get an international perspective. I hope others with the knowledge will respond as well. This is exactly why I set this group up so that we can learn from each other. With the web age, we all need to know, or at least be aware of international issues with our business.

This is strictly my opinion, but I'm all for international laws of sorts so that we can all be on the same page and adhere to the same rules.

Keep the posts coming and offer any links and information you have!

Pierre Tavlitzki said:
Hi Lynn

Thank you for this view on the US copyright and link to copyright.gov.

Here we are on the web, housed by US servers but readable from any country, and the laws of all countries shall apply. This opinion meets the informations found in the Wikimedia Commons when they consider an image as free in some countries but do not recommend to use it because it is not free everywhere due to differences in national laws.

What is your opinion concerning the copyright issues on the web ? Are you aware of some lawsuits ? Can you recommend some specialized websites on that subject ?

All the best

Pierre

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