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The Copyright Law is a form of protection provided by the laws of The United States to the authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of Copyright Act generally gives the owner of copyright the exclusive right to do and authorize others to do the following...
  • To reproduce the copyrighted work in copies or phonorecords.
  • To prepare derivative works based upon the copyrighted work.
  • To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
  • To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures, and other audiovisual works, and...
  • To display the copyrighted work publicly, in the case of literary, musical, dramatic, choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.


The Copyright Law of 1978 says that all the copyrights to all work is secured automatically upon creation, which basically means that once a piece is created, you automatically own the copyrights to that piece. The way in which copyright protection is secured under the present law is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright under the present law, unlike the previous law, which required either publication with the copyright notice or registration in the Copyright Office, which basically means that one is no longer required to register for copyrights, however there are definite advantages to officially copyrighting your work, the most important advantage being that you will have no problem proving you own the rights because it is recorded and documented.

Under the present law, copyright is secured automatically when the work is created, and a work is created when fixed in a copy or phonorecord for the first time. It is illegal for anyone to violate any of the rights provided to the owner of copyright by the Act. Now the issues involving the Web are a bit complex. It is strongly recommended that any and all authors publically advertising their work, or simply displaying it, should officially get the work copyrighted. What this means is you need to go to Washington, DC to the Library of Congress, and officially register for copyright security. Another method is to either call, fax, or mail a request to receive the appropriate form, in the case of literary works you would need to request a TX Form, fill it out and send with the fee, which I believe is $30.00 for each set of works copyrighted. The disadvantage to this method is that it could take anywhere from 3 to 7 months before confirmation and approval, in the meantime, how does one secure ownership?

There is a trick I have been taught, although its weight in court doesn't hold a candle to the official documentation from The Library of Congress, it is a method you should take into consideration while waiting for official confirmation. Frequently heard as "The Poor Man's Copyrights." Print or handwrite all documentation, add handwritten signature and date, put in an envelope, seal it with a good amount of clear tape, address the envelope to yourself, stamp it, and send it to yourself. When you receive the works, keep in a safe place, unopened. If and when you need to prove ownership, the postmark date will insure the courts that you created the works long before anyone else. I strongly urge everyone to take this precaution if not officially copyrighted. Below are some resources to better familiarize you with The Copyright Law.

R. Charles