Information Technology Reference
In-Depth Information
Use whatever they find on the Web in any way they wish
Email materials from the Web to anyone as they wish
Incorporate such materials into their own work
Post this material back on the Web however they wish
Simply stated, each of these beliefs is contrary to copyright laws .
What Is Copyright? Copyrights in the United States give authors
and artists control over who can use their works. According to
copyright law, an author or artist has legal rights to restrict distrib
ution of a work—determining who can be excluded from distribu
tion. Copyright does not promise that a work can be published (for
example, other legal limitations apply to libelous or obscene materi
als, even if they are covered by copyright). However, an author or
artist can control whether the person's material can be distributed
freely. In short, copyright is a legal right to restrict distribution.
When Do Copyrights Apply? According to U.S. copyright law, the
product of an author or artist is covered by copyright automatically
when it is stored in a physical medium. Thus, copyright law applies
when a work is printed on paper or saved on a disk. Some years
ago, an author had to include a copyright notice for legal protec
tions to apply, but that is no longer the case. Copyright law now ap
plies automatically to whatever you create, regardless of whether
you state the work is under copyright. When the work is stored, the
author or artist is called the copyright owner .
To supplement automatic copyright coverage, an author or artist
in the United States has the option of registering the work through a
simple application form. Although registration is not required for ba
sic copyright protection, copyright owners in the United States must
register a work before filing suit regarding a violation. Also, registra
tion of a work within three months of its creation or registration be
fore an infringement occurs may help support a case in court, and such
registration allows a copyright owner to seek higher damages.
Similarly, although notices of copyright are not required under
U.S. law, the use of such notices can clarify an author's intent and
be helpful in court proceedings.
You should always assume that any material is covered by copy
right, regardless of whether the work contains a copyright notice or
is formally registered.
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