Copyright

What is copyright?

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) 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 This protection is available to both published and unpublished works.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 the Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

1. To reproduce the copyrighted work in copies or phonorecords;
2. To prepare derivative works based upon the copyrighted work;
3. 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;
4. 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
5. To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.

It is illegal for anyone to violate any of the rights provided by the Act to the owner of copyright. These rights, however, are not unlimited in Sections 107 through 119 of the Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions copyright liability. One major limitation is the doctrine of "fair use which is given a statutory basis in section 107 of the Act. In other instances, the limitation takes the form of a "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the Copyright Act or write to the Copyright Office.

Copyright Office
LM 455
Library of Congress
Washington, D.C. 20559-6000

What works are protected? ?

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible, so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

1. literary works;
2. musical works, including any accompanying words;
3. dramatic works, including any accompanying music;
4. pantomimes and choreographic works;
5. pictorial, graphic, and sculptural works;
6. motion pictures and other audiovisual works;
7. sound recordings;
8. architectural works.

These categories should be viewed quite broadly: for example, computer programs and most compilations" are registerable as "literary works;" maps and architectural plans are registerable as "pictorial, graphic, and sculptural works."

Notice of copyright

For works first published on and after March 1, 1989, use of the copyright notice is optional, though highly recommended. Before March 1, 1989, the use of the notice was mandatory on all published works, and any work first published before that date must bear a notice or risk loss of copyright protection. (The Copyright Office does not take a position on whether works first published with notice before March 1, 1989, and reprinted and distributed on and after March 1, 1989, must bear the copyright notice.)

Use of the notice is recommended because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not allow a defendant to claim "innocent infringement" --that is, that he or she did not realize that the work is protected. (A successful innocent infringement claim may result in a reduction in damages that the copyright owner would otherwise receive.)

The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.

Form of Notice for Visually Perceptible Copies

The notice for visually perceptible copies should contain all of the following three elements:

1. The copyright symbol (the letter "C" in a circle), or the word "Copyright," or the abbreviation "Copr.";
2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article;
3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

The "C in a circle" notice is used only on "visually perceptible copies." Certain kinds of works for example, musical, dramatic, and literary works may be fixed not in "copies" but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are "phonorecords" and not "copies," the "C in a circle" notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded.

Publications Incorporating United States Government Works

Works by the U.S. Government are not eligible for copyright protection. For works published on and after March 1, 1989, the previous notice requirement for works consisting primarily of one or more U.S. Government works has been eliminated. However, use of the copyright notice for these works is still strongly recommended. Use of a notice on such a work will defeat a claim of innocent infringement as previously described provided the notice also includes a statement that identifies one of the following: those portions of the work in which copyright is claimed or those portions that constitute U.S.Government material.An example is:

Copyright 1994 Jane Brown. Copyright claimed in Chapters 7-10, exclusive of U.S. Government maps.

Works published before March 1, 1989, that consist primarily of one or more works of the U.S. Government must bear a notice and the identifying statement.

Unpublished Works

To avoid an inadvertent publication without notice, the author or other owner of copyright may wish to place a copyright notice on any copies or phonorecords that leave his or her control. An appropriate notice for an unpublished work is:
Unpublished work Copyright 1994 Jane Doe.

Effect of Omission of the Notice or of Error in the Name or Date

The Copyright Act, in sections 405 and 406, provides procedures for correcting errors and omissions of the copyright notice on works published on or after January 1, 1978, and before March 1, 1989.

In general, if a notice was omitted or an error was made on copies distributed on or after January 1, 1978, and before March 1, 1989, the copyright was not automatically lost. Copyright protection may be maintained if registration for the work has been made before or is made within 5 years after the publication without notice, and a reasonable effort is made to add the notice to all copies or phonorecords that are distributed to the public in the United States after the omission has been discovered. For more information see Circular 3.

International copyrights

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, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. For a list of countries which maintain copyright relations with the United States. An author who wishes protection for his or her work in a particular country should first find out the extent of protection of foreign works in that country. If possible, this should be done before the work is published anywhere, since protection may often depend on the facts existing at the time of first publication. If the country in which protection is sought is a party to one of the international copyright conventions, the work may generally be protected by complying with the conditions of the convention. Even if the work cannot be brought under an international convention, protection under the specific provisions of the country's national laws may still be possible. Some countries, however, offer little or no copyright protection for foreign works.

Altering an image

Even if you have scanned an image from a copyrighted work (book, magazine, album cover, etc.) and have manipulated the image, if you distribute the work in any way (upload, etc.) you are probably guilty of federal copyright infringement. A question may arise as to when does a manipulated image become its own 'entity' and therefor conforms to copyright laws. While there is no fixed legal standard, the answer is more subjective... an image would have to be manipulated to the point that it is not recognizable by an average person as being derived from a copyrighted work. This particular question MUST be taken up with a copyright lawyer concerning any given piece of art.

Placing into public domain?

Concerning the scanning and distribution of images the scanning person does not hold copyrights to: - I am only scanning and placing into the public domain!
Answer... Huh? If one does not own something to start with, it is illogical to think they can give it away!

I am promoting the artist?

A valiant offer! However, unless you secured the 'RIGHTS' to promote the artistry by scanning another's work of art, your valiant attempt can easily end you in a court of law!

But I bought it?

No matter what the publication or printed material... no matter if you bought it, borrowed it, received it in the mail, found it in the street, whatever...unless you have obtained written authorization from the actual copyright or trademark holder, scanning material that has been printed (magazines, books, album covers, etc.) is federal copyright infringement!

I found it on The web or cd?

The World Wide Web is NOT the safest place to locate art for use in any way, shape or form other than personal viewing. You must understand that the VAST majority of people placing home pages and art on the web have no idea what copyright is nor what it means to them financially if they are taken to court for infringing on another's rights.

The same can be said for many (but certainly not all) collections of so-called copyright free imagery sold on CDs. A company may insist that they have tracked down and secured copyrights for all images on their collection, but the opposite has been proven in many instances!

If you take a piece of copyright infringement from an internet site and further distribute it (upload it elsewhere) or use in to create a derivative work, you are then 100% responsible and legally liable for that infringement!

The image had no copyright on it?

Just because an image, album cover, pictures in a magazine or book or any printed work does not contain a copyright or trademark does NOT mean the work is not copyrighted.

From the U.S. Copyright office: For works first published on and after March 1, 1989, use of the copyright notice is optional...

Email: alphonso@postmaster.co.uk