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6.7 Copyright
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Copyright is a complex and confusing area of the law these days. But you
should know the following about copyright:
- Everything that is produced is automatically
copyrighted. The U.S. Copyright Office puts it this way: "Copyright
is secured automatically when the work is created, and a work is 'created' when it is fixed in a copy or phonorecord for the first
time. 'Copies' are material objects from which a work can be read or
visually perceived either directly or with the aid of a machine or
device." Thus, a book, Website, sound recording, or photograph are
all examples of works that are automatically protected by copyright
immediately upon their creation. The U.S. Copyright Office's website
at
http://www.copyright.gov/
gives in-depth information.
- There is no need to register for copyright or to put any words
or symbol on an item: it is copyrighted merely by existing. The
owner can, of course, register for copyright, as well as putting a
notice on the work such as:
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Copyright 2009 Saint Charles Borromeo Seminary All Rights Reserved |
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- The right to copy (i.e., to control intellectual property) is
protected for many years. The U.S. Copyright Office tells us:
"A work that is created (fixed in tangible form for the first time)
on or after January 1, 1978, is automatically protected from the
moment of its creation and is ordinarily given a term enduring for
the author's life plus an additional 70 years after the author's
death. In the case of 'a joint work prepared by two or more authors
who did not work for hire,' the term lasts for 70 years after the
last surviving author's death.
For works made for hire, and for anonymous and pseudonymous works
(unless the author's identity is revealed in Copyright Office
records), the duration of copyright will be 95 years from
publication or 120 years from creation, whichever is shorter." A
helpful chart can be found at:
http://www.unc.edu/~unclng/public-d.htm
- Does that mean I cannot use a copyrighted work? No. Here is what
the Copyright Website
http://www.benedict.com/ has to say:
"The 'fair use' provision of the law says use of a copyrighted work,
including such use by reproduction in copies or phonorecords or by
any other means specified by that section, for purposes such as
criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an
infringement of copyright."
Public Domain
Also, some work is in what's called the public domain. Works in the
public domain include works with the following characteristics:
- Originally Non-copyrightable
such as ideas, facts,
titles, names, short phrases and blank forms
- Lost Copyright such as all works published before January 1, 1978 that did not
contain a valid copyright notice may be considered to be in the
public domain.
- Expired Copyright for which the statutory
copyright period has expired.
- Government Documents are not copyrighted, and
therefore are considered to be in the Public Domain. Consequently,
if you obtain a government document from the net, such as a law,
statute, agency circular, federal report, or any other document
published or generated by the federal government, you are free to
copy or distribute the document.
- Works Granted to the Public Domain
if the
copyright owner grants the work to the public domain.
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Module 6 |
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