What is a Copyright?

What is a Copyright?

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Copyright relates to bestowing exclusive rights to the creator of an original work.  The Copyright Act of 1976, adopted as law in Title 17 of United States Code, remains the primary basis of copyright protection in the United States. 

Protection covers works of authorship, which includes:

• 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; and
• architectural works.^[1]17 U.S.C. § 102(a

Section 106 specifies the rights of the copyright owner, which includes the exclusive right to do or authorize, including the right to:

• to reproduce the copyrighted work in copies or phonorecords;
• to prepare derivative works based upon the copyrighted work;
• to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted 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, to display the copyrighted work publicly; and
• in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.^[2]17 U.S.C. § 106

The issue may arise as to who is eligible for a copyright.  Generally, the creator of the work (or those deriving rights from the creator) is eligible for the protection.  However, “works made for hire” is an exception to the general rule, and is defined in two parts as:

• a work prepared by an employee within the scope of his or her employment; or
• a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.^[3]17 U.S.C. § 101

Copyright protection begins immediately and automatically when the work is created.  Creation is defined as the time “when it is fixed in a copy or phonorecord for the first time.”^[4]Id.   In essence, the work must be in a tangible form.  Additionally, “where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.”^[5]Id.

Additionally, for a work created on or after January 1, 1978, protection lasts until the end of the author’s life plus an additional 70 years after the author’s death.^[6]17 U.S.C. § 302   For an anonymous work, a pseudonymous work, or a work made for hire, the copyright “for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.”^[7]17 U.S.C. § 302(c   

Generally, a copyright notice may include a symbol or word “copyright (or copr.),” the name of the copyright owner, and the year of first publication (e.g. © 1972 Britten Sessions, etc.).  Although it is no longer necessary to give notice of copyright protection (since 1989), it may still be beneficial as it would remove the defense of innocent infringement in the event of copyright litigation.^[8]17 U.S.C. § 907   

A good example of copyright is the Superman comic strip character. ^[9]More detailed information relating to the ownership of Superman may be found Michael Dean, “An Extraordinarily Marketable Man: The Ongoing Struggle for Ownership of Superman and … Continue reading  In 1938, Shuster and Siegel, the co-creators of the character, sold their creation (including the comic strip, title, names, characters and conception) to DC Comics for a mere $130.  In 1940, the Saturday Evening Post reported that each creator was being paid $75,000 a year, while millions were being made in Superman profits.  In 1947, Siegel and Shuster sued to void the 1938 contract and the re-establishment of their ownership of the intellectual property rights to Superman.  The case was settled out of court supposedly for $94,000.  In 1973, Siegel and Shuster again filed suit and claimed ownership of Superman (based on expiration of copyright protection).  They lost, both at the district court and then at the appellate court.^[10]See, e.g., Siegel v. National Periodical Publications, Inc., 364 F.Supp. 1032 (1973); Jerome Siegel and Joseph Shuster v. National Periodical Publications, Inc., et al, 508 F.2d 909 (1974).   In 1996, Siegel died, and in 1999, Siegel’s estate filed a copyright termination notice.  Nonetheless, the rights to Superman continue to be litigated.^[11]See, e.g., Joanne Siegel and Laura Siegel v. Time Warner Inc. et al, Case No. CV-04-8776-SGL (Cal. Central District 2007); Laura Siegel Larson v. Warner Bros. Entertainment  et al., No. … Continue reading

As shown, the rights to the Superman comic were highly sought after.  For the owner of the copyright protection, Superman brought millions of dollars of revenue.  The character has truly been a success for nearly 70+ years.  Such is the power of copyright protection.  With it, the owner can enjoy all of the privileges and benefits associated with the creation.  Without it, the owner is powerless.