Generally speaking, copyright law is extremely vague and ambiguous. Much of copyright law depends on how copyrighted materials are used, not "if" they are used. Since the internet is structured for the free flow of communication, copyright issues related to the internet are even more confusing.

What is a Copyright?

A copyright is the legal recognition of ownership rights related to a tangible "expression". "Tangible" means that it can be attached to something like a canvas, paper, tape or film, and that it capable of being duplicated. An "expression" is the presentation of an idea, not the idea itself. A copyright gives its owner exclusive rights to:

reproduce the work; make derivative works based on the original work (eg. a sequel to a movie, a remixed version of a song, a play based on a book). distribute copies of the work; perform or display the work publicly.

How do I Get a Copyright? A Copyright does not require that you make a filing with the Library of Congress. In fact, it is not even necessary to add a copyright symbol to your work to have copyright protection. Any expression that is written or recorded and is substantially different from any other "expression" in the public sector is automatically protected by a copyright. A copyright provides the owner exclusive ownership to control reproduction and distribution of the expression. This protection lasts from the date the expression is exposed to the public until 50 years after the death of the author.

Why are Copyrights Filed?

Copyrights may be filed for a small fee with the Federal Copyright Office: Register of Copyrights Copyright Office Library of Congress Washington, D.C. 20559.

Copyright registration is a legal formality intended to make a public record of a copyright. Oftentimes this is done to avoid disputes related to when an expression was created and who has ownership rights. A registration establishes prima facie evidence in court of the validity of a copyright. If the copyright is not recorded, it may be difficult to prove the date of the expression's creation and its ownership rights.

Additionally, if a copyright is filed within 3 months after a work has been published or prior to an infringement, the owner is entitled to attorneys fees and statutory damages in addition to an award of actual damages. It is for that same reason that copyright symbols are applied to various works.

Applying a copyright symbol to a work is the responsibility of the owner and does not require advance permission from the copyright office. Significantly, a copyright symbol provides notice to the general public that a work is protected by copyright laws which may prevent reproduction.

What is a Copyright Violation?

Copyright violations have been the subject of much litigation and interpretation. With regard to the internet it continues to evolve. Generally speaking, a copyright is violated when someone without the authorization of the owner displays or makes copies a work exactly or with some minor changes. As the large intimidating FBI WARNING at the beginning of movies from the video store tells you, copying the videotape violates copy right law. By the same token, if you purchase software for your computer and e-mail it to your friends, you have violated copyright laws. Even the e-mail you send to a friend or the web page you've created may be considered copyrighted. In fact, this is the subject of recent litigation.

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