CD Duplication Copyright

It is important to know the protections and limitations of copyright laws when creating original works or when obtaining works originally created by others. Before copying or downloading any information created by someone else, obtain permission first.

When creating original work for distribution, the work is automatically copyrighted. The work does not need to be registered with the United States Copyright Office unless you wish to bring a lawsuit for infringement, in which case the registration must be made before the lawsuit can progress.

These works are deemed copyrightable by the United States Copyright Office:

  • Literary works
  • Musical works, including accompanying words
  • Dramatic works, including accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic and sculptural works
  • Motion pictures and other audiovisual works
  • Sound records
  • Architectural works

These terms should be considered broadly. Computer software would be registered as "Literary works."

These works are deemed NOT copyrightable by the United States Copyright Office:

  • Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
  • Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
  • Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
  • Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

The duration of a copyrighted work originally created on or after January 1, 1978 is automatically protected from the moment of its creation continuing through 70 additional years beyond the author's life.

A copyright notice is not required for the copyright to be in effect for works originally created after March 1, 1989, but is recommended. The notice is the responsibility of the copyright owner. The format for a copyright notice is:

  • The word "Copyright," the abbreviation "Copr."
  • The year of first publication of the work and
  • The name of the copyright owner or an abbreviation of the owner by which the name can be recognized

Copyright law has changed and grown with the digital age and continues to evolve as new technologies emerge. For the newest and most complete information regarding copyright laws, visit the United States Copyright Web site at http://www.loc.gov/copyright/.

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