What does Copyright Protect? (Great Question Eddie!) Reply

Asking what copyright protects is a great question!  Thanks, Eddie, for asking me Screen Shot 2017-09-26 at 12.35.17 PMyesterday in a blog comment. You have inspired this post.

Copyright is a form of intellectual property law that protects “original works of authorship” including literary, musical, artistic and dramatic works, such as photographs, articles, novels, sound recordings, sheet music, lyrics, jewelry designs, artwork, graffiti, poetry, screen plays, children’s books, user manuals, website content, movies, computer software, and architecture. [THE KEY is that the material (or work) is ORIGINAL].

Can I copyright a name, title, slogan, or short phrase? In most cases, No.  These things may be protected as trademarks. However, copyright protection may be available for logo artwork. In some circumstances, an artistic logo may also be protected as a trademark.

Can I copyright the name of my band? No. Names are not protected by copyright law. Some names may be protected under trademark law.

Can I copyright my domain name? No. Domain names are not protected by copyright law. Some domain protection may be available under trademark law.

Can I copyright my idea?  No.  Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description (for example, a user manual), but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

Excerpt from the U.S Copyright Office at: www.copyright.gov/help/faq/faq-protect.html.

See also: “How to write a © Copyright Notice and Why to Use it” at http://wp.me/p10nNq-18; blog posts on trademarks and trademark registration at https://iplegalfreebies.wordpress.com/category/t-r-a-d-e-m-a-r-k; “Copyright Basics” at www.copyright.gov/circs/circ01.pdf ; “Copyright Protection Not Available for Names, Titles, or Short Phrases” at www.scireg.org/us_copyright_registration/circs/circ34.pdf ; @iplegalfreebies and www.kasterlegal.com

US Copyright Fees increase tomorrow (5/1/14) 2

The US Copyright Office fees are set to increase tomorrow on May 1, 2014.  This increase includes some changes to the $35 fee for a basic copyright registration.  Currently, filing an online copyright registration for “an original work of authorship” via the US Copyright Office’s electronic filing system costs $35.  As of May 1, 2014 this basic copyright registration will be divided into two new categories. Some basic copyright registrations will still cost $35 and some will cost $55.  As of tomorrow, the $35 registration fee will be limited to apply only to works which have: a “single author, same claimant, [consist of] one work, not [a work] for hire.”

(Bargain hunters may want to take advantage of the lower fees today!)

new fees

image from US Copyright Office Website

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

For more information see, the US Copyright Office website at www.copyright.govearlier blog posts on the topic of “copyright” at www.iplegalfreebies.wordpress.com/category/c-o-p-y-r-i-g-h-t/ ; @iplegalfreebies and www.kasterlegal.com.

 

Benefits of US Copyright Registration Reply

Copyright vests automatically in an original work once it is ‘fixed’ in a tangible dollar (2)form.  While copyright vests automatically, it can also be advantageous to register an original work for copyright registration with the US Copyright Office.  Registering a work with the US Copyright Office is not a requirement but it can be beneficial for the following reasons:

  • Registration with the US Copyright Office establishes a public record of the basic facts including ownership of an original work.
  • Before an lawsuit may be filed against someone infringing your work, registration is necessary with the US Copyright Office for works of US origin.
  • If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions.  Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • If registration is made within 5 years of publication of the work, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
  • Registration with the US Copyright Office allows the owner of the copyright to record the registration with the US Customs Service for protection against importation of infringing copies.

It is possible to file for US Copyright Registration at anytime within the life of the copyrighted work.  Currently, it only costs $35 to file an application with the US Copyright Office for registration.

The term of copyright protection for a work created on or after January 1, 1978 is for the life of the author plus 70 years (or if a work is made for hire the term of copyright protection is 95 years from the date of publication or 120 years from the date of creation, whichever expires first.)

Wishing all of you reading this post a Happy New Year!   Starting off the new year with a reminder that all your original creative content that is written down, drawn, painted, recorded, sculpted or otherwise fixed… is automatically vested with copyright feels auspicious.  As detailed above, taking the extra step to register your work with the US Copyright Office can be beneficial.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

For more information see, Circular 1, Copyright Basics; Circular 15A, Duration of Copyright. and all the information circulars and fact sheets available at the US Copyright Office website: http://www.copyright.gov/circs/; and also an earlier post “Copyright Protection Only Costs $35“; @iplegalfreebies and www.kasterlegal.com.

Fiat pays for use of Graffiti Mural “I ❤ the Bronx” …in their commercial Reply

@kast

The exact amount that Chrysler has paid to TATS Cru, the Bronx based graffiti artist, for use of their mural in a Fiat commercial hasn’t been disclosed… although I applaud the two sides for coming to an agreement.

Is a Graffiti Mural protected by copyright?  YES, YES, YES!!  All it takes is ORIGINALITY to qualify for copyright protection… and in this instance there wasn’t any question about the mural being original.

Should Chrysler have known that the mural was protected by copyright?  YES, YES, YES!!  Because, there is a copyright notice painted into the lower right hand corner of the mural:  “©2010 TATS Cru” (I applaud TATS Cru for being diligent and including the copyright notice).  Even if there hadn’t been a copyright notice on the mural it still has copyright protection and Chrysler should have done some research.  The exact reason that Chrysler included the mural in their commercial (to give authenticity as to the commercial which features JLo in the Bronx singing about strength while driving through the neighborhood where she grew up) should have been a HUGE indicator that the mural is original and covered by copyright protection.  IT’S NO EXCUSE “not to know” a work is covered by copyright protection.  Using a copyright protected work without permission is copyright infringement – and ignoring a copyright notice on a work is even worse.  Both are illegal… and ignoring a copyright notice can triple the damages owed.

What do you do if your copyright is infringed?  In this case, TATS Cru reached out to Fiat/Chrysler via their lawyer and reached a settlement.  The exact amount that TATS Cru was paid hasn’t been disclosed, although both parties have announced that they are excited to be collaborating.  As part of the deal that was struck… a Fiat has been given to TATS Cru to paint and auction off to a charity of their choice.

I ❤ the Bronx, too!  A lot can be learned about the art of making a deal in the Bronx!

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

For more information: http://tatscru.net/commercial.  The mural is located at 1156 E. 165th St. in the Bronx.  Watch the commercial – http://www.youtube.com/watch?v=deNRiBQiQ3Q. http://wheels.blogs.nytimes.com/2011/11/28/in-the-bronx-a-collision-of-cars-celebrity-and-copyright/; http://latino.foxnews.com; http://www.nypost.com; @iplegalfreebies and www.kasterlegal.com.

When does Copyright start? Copyright protection starts automatically 2

When does copyright protection start?  It starts automatically, as soon as you create an original work.  It’s like having a baby (ie your creative, brain child)… as soon as it’s in this world it’s yours and it’s covered by copyright protection.   You don’t have to DO anything… other than create it and put it in a fixed and tangible form.

What does this mean?  As soon as you have written a song down; typed out a manuscript; applied pen or paint to paper… copyright protection starts automatically.

Using the copyright symbol © and registering your copyright with the US Copyright Office are two extra steps that give you more rights in your copyrighted work if and when you want to sell it, transfer it or protect it from being abused, misused or copied by other folks.

There is 99.999% chance that you have created original works that are already covered by copyright protection… even if you didn’t know it.

For more info SEE:

–>    How and why to use the © copyright symbol?: http://t.co/iBjePPU

–>    Copyright registration only costs $35: http://t.co/ykPmZ3T

 

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

ORIGINALITY is Key To Copyright Reply

Originality is key to securing copyright protection over a work.  This is true for literary works, sculptures, paintings, music and all varieties of creative output.  While this may seem obvious, in truth it’s a gray area.  Here are a few examples:

  • TELEPHONE DIRECTORY, WHITE PAGES:  not original; therefore, no copyright protection.
  • PHOTOGRAPH OF AN ARMFUL OF PUPPIES: is original; therefore, making a sculpture that is a deliberate copy of the photograph is a copyright violation.
  • A PAINTING: is original; however, making an engraving of the painting is not a copyright violation because of the engravers artistic use of light, shade, lines and dots.

MARDI GRAS INDIAN COSTUMES: possibly original works of sculpture.  At present the Mardi Gras Indians are seeking copyright projection for their elaborate costumes as works of sculpture.

What does this mean?  For the Mardi Gras Indians it will mean that photo releases, licenses and fees will need to be paid to the Indian sculptors before others copy, reproduce and sell their images as photographs, fine art, in calendars or on t-shirts.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

for info on copyright registration –> http://t.co/ynaHCbX; @iplegalfreebies and www.kasterlegal.com.