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Copyright is a
form of protection provided by the laws of the United States to
the authors of “original works of authorship,” including
literary, dramatic, musical, artistic, and certain other
intellectual works. Copyright Act generally gives the
owner of copyright the exclusive right to do and to authorize
others to do the following:
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To reproduce the work in copies or
phonorecords;
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To prepare derivative works based upon
the work;
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To distribute copies or phonorecords
of the work to the public by sale or other transfer of
ownership, or by rental, lease, or lending;
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To perform the work publicly, in the
case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual
works;
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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
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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.
Copyright protects “original
works of authorship” that are fixed in a tangible form of
expression. The fixation need not be directly perceptible so
long as it may be communicated with the aid of a machine or
device. Copyrightable works include the following categories:
- literary works;
- musical works, including any
accompanying words
- dramatic works, including any
accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural
works
- motion pictures and other audiovisual
works
- sound recordings
- architectural works
These categories should be viewed broadly.
For example, computer programs and most “compilations” may
be registered as “literary works”; maps and architectural
plans may be registered as “pictorial, graphic, and sculptural
works.”
Several categories of material are
generally not eligible for federal copyright protection.
These include among others:
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Works that have not been fixed in a
tangible form of expression (for example, choreographic
works that have not been notated or recorded, or
improvisational speeches or performances that have not been
written or recorded)
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Titles, names, short phrases, and
slogans; familiar symbols or designs; mere variations of
typographic ornamentation, lettering, or coloring; mere
listings of ingredients or contents
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Ideas, procedures, methods, systems,
processes, concepts, principles, discoveries, or devices, as
distinguished from a description, explanation, or
illustration
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Works consisting entirely of
information that is common property and containing no
original authorship (for example: standard calendars, height
and weight charts, tape measures and rulers, and lists or
tables taken from public documents or other common sources).
Literary
Works
Register your book, manuscript, online work, pamphlet, poetry,
report, test, automated database, computer program, or other
text.
Visual
Art Works
Register your pictorial, graphic, or sculptural work, including
2-dimensional and 3-dimensional work of fine, graphic, and
applied art. Also, register architectural work.
Performing
Art Works
Register your musical work, dramatic work, script, pantomime,
choreography, motion picture, or other audiovisual work.
Sound
Recordings
Register your recording of music, drama, or a lecture.
Serials
and Periodicals
Register your periodical, newspaper, magazine, or other similar
work.
Mask
Works
Register your mask work. (This protection relates to integrated
circuits on a semiconductor chip.)
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