Copies, Rights, and Copyrights: Really Owning Your Digital Stuff
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This does not mean that your claim of copyright ownership is guaranteed. However, instead of having to prove that you are the actual copyright owner or that your work is protected by copyright, the other party will have to prove that you are not or that your work is not. While this may not seem like much of a distinction, you are in a stronger position in court if the presumption of copyright ownership is on your side.
The statutory damages provision may be of help because copyright owners — particularly individual creators — often find it difficult to calculate and prove exactly the extent to which an infringement has harmed them. When applicable, statutory damages for infringing uses of a work usually entitle you to a pre-determined amount of damages. Registration provides notice to the world of your copyright claim. Among other things, this helps people who wish to license your work to ascertain the status of your work and to find you.
Copyright Blogs. Add Your Voice. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. This means that only you have certain rights regarding your creation. Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
You don't have to register your work with the Copyright Office to be protected. This is a common misconception. Still, you have to write it down. No matter how original a melody, if it's only in your head it is not copyrighted. If you sing it publicly, the first person to write it down will own it.
What does 'ownership' mean in the digital age?
In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U. Your work is copyrighted as soon as you write it down. However, if ever you need to sue for damages, you'll need to register your work at that time. Registration is recommended for a number of reasons.
Other Copyright Resources
Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.
We recommend you register as soon as you complete your creation. That way you will have "prima facie" evidence that you were the first to create the work. Registration is affordable and not that hard. The idea here is that a federal postmark on a sealed envelope with your creation inside validates the date of creation. Revising a Patent. Royalties and Deductions. Protecting an Invention Before Getting a Patent. Working with a Patent Lawyer. Filing Without a Patent Lawyer. Copyright -.
Copyright Infringement. Damages in Copyright Infringement Cases.
Secondary Infringement. First Steps in a Copyright Infringement Case.
Or Filter By Your Interest
Copyright Ownership. Copyright Assignment. Copyright Licensing.
Royalty Payments for Artwork. International License Agreements. Copyright Registration. Copyright Safe Harbor. Criminal Copyright Infringement. Copyright Enforcement. Fair Use. Transformative Use. Software Development Agreements. End-User License Agreements.
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Lists, Directories, and Databases. Photos of Buildings and Architecture. Photos of Copyrighted or Trademarked Works. Works in the Public Domain.
What does 'ownership' mean in the digital age? - ABC News (Australian Broadcasting Corporation)
Copyrights and Credits for Songwriters. Music Samples. Sample Clearance. Playing Music in Stores or Restaurants.
Consignment Sales. Destruction of Copyrighted Works. Categories of Marks. Certification Marks. Collective Marks. Service Marks. Strength of Marks.