"Copyright protects 'original works of authorship' that are fixed in a tangible form of expression [published or unpublished]" (United States Copyright Office, 2012).
The following are protected under U.S. Code, Title 17, Section 102:
Note: "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'" (United States Copyright Office, 2012).
United States Copyright Office. (2012). Copyright basics. Retrieved from http://www.copyright.gov/circs/circ01.pdf
Who can claim copyright?
A "work for hire" includes work prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned for use, such as:
Additional Notes:
U.S. Code, Title 17, Chapter One, Section 106: Exclusive Rights in Copyrighted Works
The physical ownership of an item, such as a book or a CD, is not the same as owning the copyright to the work embodied in that item.
Under the first sale doctrine (section 109 of the Copyright Act), ownership of a physical copy of a copyright-protected work permits lending, reselling, disposing, etc. of the item, but it does not permit reproducing the material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the copyright holder, because the transfer of the physical copy does not include transfer of the copyright rights to the work.
Copyright Clearance Center. (2016). About copyright. Retrieved April 18, 2016, from Copyright Clearance Center, https://www.copyright.com/learn/about-copyright/
The First Sale Doctrine, as explained by Rich Stim, Attorney (Nolo Press)
If you discover your own work being used or shared unexpectedly, you may first wish to consider the possibility that someone else is making fair use of your work. However, copyright infringement (sometimes unintentional, sometimes malicious) is not uncommon. If your work is being infringed, there are a number of steps you can take.
Consult an attorney. An attorney can take direct action on your behalf, and attorneys who have special expertise in copyright may have a lot of potential solutions for you. However, attorneys can be expensive, and there are some self-advocacy steps you can take as well.
Ask them to stop. It is almost always a bad idea for a non-lawyer to send a threatening "cease and desist" copyright letter - even some attorneys make mistakes with legal threats around copyright issues, if they are not specialists. However, a polite explanation of your objection and request to stop the problematic practice can often work wonders. And if the polite letter doesn't work, you can follow up with other measures.
DMCA takedown. Many websites that host user-generated content will remove or disable problematic content if you contact their DMCA (Digital Millenium Copyright Act) agent. However, under the same rules, if the individual who uploaded the your material responds asking for their content to be restored, many sites will (appropriately - this is how the law is supposed to work) restore it. At that point, you would do well to contact an attorney with experience with copyright matters.
Don't wait too long! There is a statute of limitations on copyright claims - if you wait more than three years after you find out about the potentially-infringing use, you may not be able to take legal action. (In some jurisdictions, the statute of limitations is understood to begin at the time of infringement, not the time you find out about it! Cases in these jurisdictions expire even faster!)
However, don't rush in too quickly! It is easy to make very sweeping arguments and threats when you feel your rights have been violated, but this rarely plays out well in the long term. You may find that some infringing uses are not worth your time to pursue. Note that you cannot lose your copyright ownership by failing to police your works. People are sometimes confused about this, because you can lose trademarks through neglect, but you continue to own your copyright for the full term, or until you transfer it away.
Borrowed from University of Minnesota Libraries prior LibGuides.
Unless otherwise noted, all content on the Copyright Information section of this site is licensed under a Creative Commons Attribution-NonCommercial License.
