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A copyright gives the owner the right to control the way his or her ideas and information are used. Copyrights protect original works of authorship, such as writings, music and works of art.

A copyright is a limited monopoly that allows the owner of the copyright to possess certain exclusive rights in the copyrighted material, subject to some limitations, for a specified, finite period. When the copyright period expires, the protected work enters what is called the public domain and anyone may freely use the work.

The basic function of a copyright is to encourage creativity and the production of creative works by ensuring that creators are rewarded for their efforts. A copyright achieves this by granting those creators various rights, including the right to control the copying of their works. A copyright owner can choose how their work is to be used, if at all, and can take legal action to prevent the work from being used in a way that they have not permitted.

Copyrights can apply to a variety of creative works, from books to music. Copyright protection is available to both published and unpublished works. Under the law, seven types of works can be copyrighted:

• Literary works
• Musical works
• Dramatic works
• Pantomimes and choreographic works
• Pictorial, graphic and sculptural works, including fabric designs
• Motion pictures and other audiovisual works
• Sound recordings

A "work" cannot be just an idea to qualify for copyright protection. It must be realized in a "fixed form"--a book, a computer disk, a Web site and so forth. Also it needs to be original and be the result of at least some creativity.

Copyright Owner's Rights

Copyright law protects creative works, giving the copyright owner the exclusive right to reproduce the work, prepare derivative works, distribute copies, and in some cases perform or display the work. A copyright allows the creator to prevent anyone else from copying or manufacturing their copyrighted materials without the creator's permission.

Illegal to Violate Rights

It is illegal for anyone to violate any of the rights provided to the owner of the copyright by the copyright laws. However, the rights protected by copyright laws are not unlimited and certain uses of copyrighted material are allowed.

How to Get Copyright Protection

You do not need to publish your work or register it with the Copyright Office to get copyright protection. You have basic copyright protection automatically whenever you put your idea into a fixed form.

You can get better copyright protection, which is more likely to stand up in a legal fight, by placing the symbol ©, the year of first publication and the name of the copyright holder prominently on every publication of the material. With a valid copyright notice, a person infringing on your copyright can't claim they didn't know it was copyrighted. And if you do need to take someone to court over copyright infringement, it will be much easier to win your case. It also helps to register your work with the Copyright Office, which involves filing a copyright application for the artistic work. Registration provides you with certain benefits but it is not required for protection of your original work.

Your Work is Not Protected Forever

Your work will be protected for a limited amount of time as follows:

• If you create a work today, it will be automatically protected from the moment of its creation through your life plus an additional 70 years after your death.
• If you create a work with other people that are not your employees, your work will be protected for 70 years after the death of the last survivor.
• If you hired someone who created the work, then the copyright protection will last for 95 years from the time the work is published or 120 years from the time it was created, whichever is a shorter period of time.

A copyright gives you the right to sell the whole bundle of rights, or to unbundle the rights and sell or license them in a variety of ways. In book publishing, for example, you could license the right to reproduce the work to publishers in another country and to a paperback publisher in this country, as well as the right to prepare what are called derivative works, such as a movie or TV show, based on the original work.

No International Protection

There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the entire world. Protection against unauthorized use in a particular country depends on the national laws of that country.

Avoiding Copyright Conflicts

As the operator of a small business, not only do you want to protect your business's creative rights, but you'll also want to avoid any possible conflicts over claims of violating the exclusive rights of other copyright owners. Violating those rights is known as copyright infringement. You can take the following steps to help you avoid being found liable for copyright infringement:

• Don't use someone else's work. For example, don't use a copyrighted picture from a newspaper or the internet in your business brochures or advertisements without permission.
• Get permission or releases from people appearing in your art. Under most state laws, a person can prevent the use of his or her image when it is used for commercial purposes.
• Ensure that, before you process any order involving materials that may be protected by copyright, the owners of those rights have granted a license for that reproduction.
• Get commercial general liability insurance to cover you for certain offenses that you or your employees may commit in the course of your business, such as copyright infringement in your advertisements.

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