Useful Terms Related to Copyright

Following are definitions of useful terms, along with links to the U. S. Copyright Law and other relevant documents.

Copyright is a form of protection provided by the laws of the United States to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works. Copyright protection arises automatically once an original work of authorship is fixed in a tangible medium of expression, now known or later developed; e.g., written, filmed, recorded. It does not require that a copyright notice be placed on the work, that the work be published, or that the work be deposited or registered with the Copyright Office or any other body. [See Title 17 of the United States Code (17 USC - Copyrights). http://www.copyright.gov/title17/ See also Title 37 Code of Federal Regulations (37 CFR, Chapter II), which implements this statute. http://www.access.gpo.gov/nara/cfr/waisidx_99/37cfrv1_99.html#201]

Copyright notice is an identifier placed on copies of an original work to inform the world of copyright ownership. While use of a copyright notice was once required as a condition of copyright protection, it is now optional. Use of the notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office. [See Circular 3, Copyright Notice for requirements for works published before March 1, 1989 and for more information on the form and position of the copyright notice. http://www.copyright.gov/circs/circ03.html]
Source: http://www.copyright.gov/faq.html#q53

Copyright owner, with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right. The exclusive rights provided by copyright are completely divisible. Copyright in a work vests initially in the author or authors of the work. However, the author may assign some or all of his or her rights to another, e.g., to a publisher, if the work has appeared in a formal publication, who then becomes the owner of the rights assigned.

Derivative Work refers to a work that is based on, or modifies, one or more preexisting works. A copyright owner has the exclusive right to prepare or authorize the preparation of a derivative work based on the copyrighted work. If a derivative work, considered as a whole, represents an original work of authorship, it may be separately copyrightable. However, the copyright covers only original portions of the derivative work.

Fair Use is a statutory exception that allows the use of a copyrighted work for certain purposes without requiring permission. [See 17 USC § 107. http://www.copyright.gov/title17/92chap1.html#107]

Intellectual Propertyrefers to intangible property rights such as copyright, patents and trademarks that provide the owner with certain exclusive rights.

Joint Work is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.) The authors of a joint work are co-owners of copyright in the work. [See 17 USC § 201(a). http://www.copyright.gov/title17/92chap2.html#201]

License is a contractual agreement from a copyright owner or the owner's authorized agent, such as a third party vendor, allowing another party to exercise one or more of the exclusive rights provided to the copyright owner under the Copyright Law. Licenses usually involve the payment of a fee or royalty. However, royalty free licenses are also legally possible.

Permission is an agreement from a copyright owner allowing another party to exercise one or more of the exclusive rights provided the copyright owner under the Copyright Law. Permission generally does not involve the transfer of any fees or reimbursements. Permission may also be referred to as a Copyright Release.

Work made for hire. Although the general rule is that the person who creates the work is its author, there is an exception to that principle; the exception is a work made for hire, which is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer or commissioning party is considered to be the author. [See Circular 9, Works Made for Hire under the 1976 Copyright Act. http://www.copyright.gov/circs/circ09.pdf]
Source: http://www.copyright.gov/faq.html#q315

Unless otherwise noted, these definitions were adapted from "Frequently Asked Questions About Copyright," developed by the CENDI Copyright Task Group, last updated November 14, 2002. http://www.dtic.mil/cendi/publications/00-3copyright.html

Some items are from "Frequently Asked Questions About Copyright," developed by the U.S. Copyright Office. http://www.copyright.gov/faq.html

These documents were developed by the Federal government and are not subject to copyright protection. See: http://www.copyright.gov/title17/92chap1.html#105

Top