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. This protection is available to
both published and unpublished works.
In addition, certain authors of works of visual art have the rights of attribution
and integrity as described in the 1976 Copyright Act.
Note: Sound recordings
are defined in the law as "works that result from the fixation of a series of musical,
spoken, or other sounds, but not including the sounds accompanying a motion picture
or other audiovisual work." Common examples include recordings of music, drama,
or lectures. A sound recording is not the same as a phonorecord. A phonorecord is
the physical object in which works of authorship are embodied. The word "phonorecord"
includes cassette tapes, CDs, LPs, 45 r.p.m. disks, as well as other formats.
Copyright protection subsists from the time the work is created in fixed form.
The copyright in the work of authorship immediately becomes the property of the
author who created the work. Only the author or those deriving their rights through
the author can rightfully claim copyright.
Mere ownership of a book, manuscript, painting, or any other copy or phonorecord
does not give the possessor the copyright. The law provides that transfer of ownership
of any material object that embodies a protected work does not of itself convey
any rights in the copyright.
Copyright protects "original works of authorship" that are fixed in a tangible
form of expression. The fixation need not be directly perceptible so long as it
may be communicated with the aid of a machine or device. Copyrightable works include
the following categories: 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 architectural works These categories should be viewed broadly.
For example, computer programs and most "compilations" may be registered as "literary
works"; maps and architectural plans may be registered as "pictorial, graphic, and
sculptural works."