Today’s post addresses a two-part question: “What’s the legality of using other works as “inspiration” for new works? When do you need a license?” The short answer is that it depends on the copyright status of the work the author wants to use for inspiration. This week, we’ll look at the author’s obligations when the work is in the public domain. Next week, we’ll look at licensing for works still under copyright protection. Authors wishing to base a new creative work on a pre-existing work must determine whether the pre-existing work has entered the public domain. Generally speaking, copyright includes the
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Copyright Formalities Part 2: Copyright Registration
Last week’s Wednesday post looked at copyright notices as placed on published works. Today, we’re continuing discussion of copyright formalities with a look at copyright registration,meaning registration of copyrighted works with the United States Copyright Office.* The U.S. Copyright Office allows authors and publishers to register copyrighted works. Registration can be completed online or by mail (though the Copyright Office prefers online registrations, and I suspect before long online registration may become mandatory). Registration creates a permanent record of the work and the copyright holder (the person who owns the copyright). In most cases, the copyright holder is the author
Read moreCopyright Formalities: Tuxedos Optional (Part 1)
In the United States, the term “copyright formalities” refers to two different actions: placing a copyright notice on creative works and registering copyrighted works with the U.S. Copyright Office. Today, we’re taking a closer look at the copyright notice. Copyright “formalities” are requirements for obtaining certain types of protection and damages (for example, statutory damages for infringement) but do not affect the existence of the copyright. Copyright attaches to qualifying works automatically and at the moment of creation (assuming the works are properly fixed in a tangible medium” as we discussed in more detail last week). Use of a copyright
Read moreWhat IS Copyright, Anyway?
Authors talk a lot about “copyright,” but many don’t actually understand what the word entails. A lot of us also don’t ask questions, largely from a desire “not to look stupid” — I know I’m guilty of that on occasion, and I suspect a lot of other people are too. Since school is starting (for some, has already started) it seemed the right time of year to open a series on copyright for authors. We’ll talk about what it means, what rights it includes, and how to make sure your contract terms protect them. Today? Square 1: What IS Copyright,
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