Understanding Copyrights

Most people are vaguely familiar with the concept of a copyright. Copyright law, however, can be complex and is governed by a variety of rules and regulations with accompanying exceptions and limitations. Understanding the protections copyrights provide can, therefore, be quite difficult.

So, what is a copyright, and what should the entrepreneur and creator of original works understand to properly protect their rights? Copyright is one of several forms of intellectual property protection available under the law. In this post, I will discuss copyrights and some basic concepts useful to understanding the protection copyrights provide.

Understanding Copyrights

The United States Constitution provides Congress with the power to govern copyright protections. Article I, Section 8, Clause 8 of the Constitution empowers Congress “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

With regard to copyrights, Congress has exercised its authority in this regard through the Copyright Act of 1976, codified in Title 17 of the United States Code. Through these statutes, Congress has provided protection to creators of “original works of authorship.”

The law covers a large body and variety of work, including works of literature, drama, music, art, and a variety of other intellectual creations. In addition, these protections are far-reaching and provide protection to both published and unpublished works.

Rights of Exclusivity

17 USC § 106 provides the owner of a copyright with the exclusive right—with some exceptions—to:

• Reproduce or copy the work;

• Prepare derivate works—such as a translation, dramatization, abridgement, etc.—based upon the copyrighted work;

• Distribute copies of the copyrighted work;

• Perform the work publicly;

• Display the work publicly.

These rights are far-reaching and help ensure that no one wrongfully profits from the works of another without the permission of the creator of that work.

Of course, this is a dramatic oversimplification of the rights that copyrights confer, and understanding these protections requires an understanding of the nuances of the law with its accompanying exceptions, such as fair use.

You should therefore consult with a copyright attorney for additional information. If you are the creator of an original work, you should also understand how long your copyright lasts and consider registering your copyright to ensure that your rights are protected.

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Copyright Basics