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Copyright in General
http://www.copyright.gov/help/faq/faq-general.html#mywork
What is copyright?
Copyright
is a form of protection grounded in the U.S. Constitution and granted by law for
original works of authorship fixed in a tangible medium of expression. Copyright
covers both published and unpublished works.
What
does copyright protect?
Copyright, a form of intellectual property
law, protects original works of authorship including literary, dramatic,
musical, and artistic works, such as poetry, novels, movies, songs, computer
software, and architecture. Copyright does not protect facts, ideas, systems, or
methods of operation, although it may protect the way these things are
expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."
How is a copyright different from a patent or a
trademark?
Copyright protects original works of authorship, while a
patent protects inventions or discoveries. Ideas and discoveries are not
protected by the copyright law, although the way in which they are expressed may
be. A trademark protects words, phrases, symbols, or designs identifying the
source of the goods or services of one party and distinguishing them from those
of others.
When is my work protected?
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.
Do I have to register with your
office to be protected?
No. 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.S. work. See
Circular 1, Copyright Basics, section “Copyright Registration.”
Why should I register my work if copyright protection is
automatic?
Registration is recommended for a number of reasons. 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. See
Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright
Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S.
works.
Is my copyright good
in other countries?
The United States has copyright relations with
most countries throughout the world, and as a result of these agreements, we
honor each other's citizens' copyrights. However, the United States does not
have such copyright relationships with every country. For a listing of countries
and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations
of the United States.
(there are bilateral agreements between SA & USA as well as
Namibia & USA)
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