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FamilySearch Wiki:FAQ/Copyright: Difference between revisions
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== What is copyright? == | == What is copyright? == | ||
Copyright is the right, created by statute, that the producer of a creative work has been granted to prevent others from copying it. Unlike a patent, however, in most places (i.e., countries) you don't have to apply for a copyright – you get one automatically every time you produce creative work. In the United States copyright is automatically applied from the moment of creation and has been since the 1988 adoption of the Berne Convention. For more detailed information consult the [http://www.copyright.gov/ U.S. Copyright Office]. | Copyright is the right, created by statute, that the producer of a creative work has been granted to prevent others from copying it. Unlike a patent, however, in most places (i.e., countries) you don't have to apply for a copyright – you get one automatically every time you produce creative work. In the United States copyright is automatically applied from the moment of creation and has been since the [http://en.wikipedia.org/wiki/Berne_Convention_Implementation_Act_of_1988 1988 adoption of the Berne Convention]. For more detailed information consult the [http://www.copyright.gov/ U.S. Copyright Office]. | ||
<br>A creative work can be almost anything – a book, a song, a picture, a photograph, a poem, a phrase, or a fictional character. In the US, buildings built on or after December 1, 1990 are also eligible for copyright. Licenses may be granted to others, giving them the right to copy the work subject to certain conditions. A license is similar to a contract – the work may only be copied under the conditions given by the copyright holder or if one of the other exceptions to the copy right applies.<br>Copyright laws vary between countries; the relevant US law is in the U.S. Constitution, Article 1, Section 8; Title 17 of the United States Code (17 USC, Copyrights) and 37 Code of Federal Regulations, Chapter 11 (37 CFR 11). You may also wish to consult the Copyright Act of 1976, the Berne Convention, the Sonny Bono Copyright Term Extension Act, and the Digital Millennium Copyright Act. See [http://www.copyrighthistory.org/htdocs/index.html Primary Sources on Copyright (1450 - 1900)]. | <br>A creative work can be almost anything – a book, a song, a picture, a photograph, a poem, a phrase, or a fictional character. In the US, buildings built on or after December 1, 1990 are also eligible for copyright. Licenses may be granted to others, giving them the right to copy the work subject to certain conditions. A license is similar to a contract – the work may only be copied under the conditions given by the copyright holder or if one of the other exceptions to the copy right applies.<br>Copyright laws vary between countries; the relevant US law is in the U.S. Constitution, Article 1, Section 8; Title 17 of the United States Code (17 USC, Copyrights) and 37 Code of Federal Regulations, Chapter 11 (37 CFR 11). You may also wish to consult the Copyright Act of 1976, the Berne Convention, the Sonny Bono Copyright Term Extension Act, and the Digital Millennium Copyright Act. See [http://www.copyrighthistory.org/htdocs/index.html Primary Sources on Copyright (1450 - 1900)]. | ||
The Berne convention is a comprehensive international agreement on copyrights which is part of the copyright law of many nations. See [http://www.law.cornell.edu/treaties/berne/overview.html Berne Convention | The Berne convention is a comprehensive international agreement on copyrights which is part of the copyright law of many nations. See [http://www.law.cornell.edu/treaties/berne/overview.html Berne Convention]. | ||
Copyright does not protect against all possible copying: both US law and the Berne Convention limit copyright scope and enable much copying without permission even if the copyright holder objects. Specifically, broadcast and piano roll rights are specifically granted, with an automatic license fee, managed and collected by such organizations as BMI, ASCAP and BPI. In the US fair use (in the UK, fair dealing) is explicitly permitted as well, as is the right to sell a licensed copy of a copyrighted work, such as a video tape or sound recording. Also, both the Berne Convention and US law require that a work have some original creativity to be eligible for a copyright monopoly. Feist Publications v. Rural Telephone Service contains some examples of US decisions about what is and isn't original, including examples such as typo correction. | Copyright does not protect against all possible copying: both US law and the Berne Convention limit copyright scope and enable much copying without permission even if the copyright holder objects. Specifically, broadcast and piano roll rights are specifically granted, with an automatic license fee, managed and collected by such organizations as BMI, ASCAP and BPI. In the US fair use (in the UK, fair dealing) is explicitly permitted as well, as is the right to sell a licensed copy of a copyrighted work, such as a video tape or sound recording. Also, both the Berne Convention and US law require that a work have some original creativity to be eligible for a copyright monopoly. Feist Publications v. Rural Telephone Service contains some examples of US decisions about what is and isn't original, including examples such as typo correction. | ||