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1. How long does a copyright last?
A copyright's duration is the life of the author plus 70 years, or for works made for hire (owned by the company, not the individual inventor), 95 years from publication or 125 years from creation, whichever is shorter. After that time, the material is in the public domain and anyone may freely use it.
2. Can I legally use an excerpt of a book or article without permission?
You must consider the amount used. If it is not a substantial portion of the copyrighted work, you may be able to use it, however it is a good idea to cite the source.
3. I want to make some of my company’s information available on the Internet. Can content found on the Internet be considered in the public domain and therefore not copyright-protected?
No. The legal concept of the public domain as it applies to copyright law should not be confused with the fact that a work may be publicly available, such as information found in books or periodicals, or on the Internet. The public domain comprises all those works that are either no longer protected by copyright or never were. Any content in a non-digital form that is protected by copyright will be protected in a digital form. For example, print books are protected by copyright as are electronic books. Analog musical recordings are protected by copyright as are digital musical recordings. A print letter is protected by copyright as is an e-mail letter (both generally owned by the author of that letter or e-mail). Web sites may be protected by copyright as a single work, and also the many different embedded works that are in that Web site may be individually protected by copyright.
4. I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.
5. 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, 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 please either contact us or view the U.S. Copyright Office for Circular 38a, International Copyright Relations of the United States.
6. Who owns the copyright to something I wrote at work, me or my company?
Although the general rule is that the person who creates the work is its author, there is an exception to that principle; the exception is a “work made for hire”. Work made for hire is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned (as opposed to being paid for an already existing piece of work) from an independent contractor. When a work qualifies as a work made for hire, the employer, or commissioning party, is considered to be the author.
7. If I live in England, can I register my works with the U.S. Copyright Office?
Any work that is protected by U.S. copyright law can be registered. This includes many works of foreign origin. All works that are unpublished, regardless of the nationality of the author, are protected in the United States. Works that are first published in the United States or in a country with which we have a copyright treaty (see Circular 38a for the status of specific countries), or that are created by a citizen or legal resident of a country with which we have a copyright treaty, are also protected and may therefore be registered with the U.S. Copyright Office.
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This Web page, and the other pages of the Cislo & Thomas LLP Web site, are provided by the firm of Cislo & Thomas LLP as a service to the public. It is hoped that the information provided here will be helpful to readers in familiarizing themselves with intellectual property issues that may affect them. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel. In addition, be aware that intellectual property law varies considerably from jurisdiction to jurisdiction (and between states in the United States), so some information in these Web pages may not be applicable to your jurisdiction. You should also be aware that we cannot guarantee that everything on this web site is complete or up to date. |