copyright (redirected from right of first publication)

copyright, right granted by statute to the author or originator of certain literary, artistic, and musical productions whereby for a limited period of time he or she controls the use of the product. The work may be reproduced by the individual or by another licensed to do so by the individual. Royalties are paid on each performance of the work or each copy that is sold.

Copyrightable Materials

Literary matter, periodicals, maps, photographs, works of art, textile and other designs, sound recordings, musical compositions, photoplays, and radio and television programs are among the commodities that may be copyrighted. Material for copyright in the United States must be registered and deposited with the Library of Congress. The law makes special provision for the transmission of copyright material over cable television, jukeboxes, and public broadcasting stations. It also specifies circumstances under which the reproduction of copyrighted works by libraries and archives is permissible. Since 1980, computer software has been eligible for the same copyright protection as printed matter, and in 1984, a ten-year period of copyright protection was extended to semiconductor chips. The Supreme Court ruled in 1987 that neither the home use of television video recorders nor their manufacture violated the copyright laws.

The Bern and Universal Copyright Conventions

Copyrighting of foreign materials in the United States is a relatively recent development. After 1891, foreign language material was easily copyrighted in the United States; material in English, however, could not be copyrighted if it was imported, unless type was set and material printed and bound in the United States. Most of the major countries of the world, with the exception of the United States, adhered to the Bern Convention of 1887, which provided that literary material copyrighted in any signatory country automatically enjoys copyright in all the signatory countries.

The Universal Copyright Convention (UCC), which had as a main purpose the inclusion of the United States in a general system of international copyright, was signed at Geneva in 1952. It was accepted by the United States in 1954 and came into effect the following year. The U.S. copyright law was modified to conform to the convention, notably by elimination of procedural steps for the establishment of U.S. copyright in works published in other signatory countries and of the requirement that works in the English language by foreign authors be manufactured in the United States to obtain U.S. copyright protection. The United Nations Educational, Scientific, and Cultural Organization (UNESCO) played a leading part in the negotiations for the UCC, which was revised in 1971. In 1989 the United States became a member of the Berne Convention, which was most recently revised in 1971. Most nations subscribe to the convention, and most of those who do not are parties to the UCC or members of the World Trade Organization, whose agreements cover copyright and other intellectual property rights.

History

Protection of rights in literary property did not appear necessary in Europe prior to the invention of printing from movable type in the 15th cent. The sovereign asserted control over printing by issuing patents or privileges to individuals or by organizing publishers' guilds with monopoly rights. Through such devices, the state was able to censor heresy and sedition, while at the same time fostering literature. The only protection that the common law extended to the author was against publication of the work without permission; once publication was allowed, the work passed completely out of the author's control.

The first English copyright act (1710), while maintaining the common-law right, allowed the author to copyright a work for 14 years (with a like period of renewal); it also required deposition of copies and a notice that the work was copyrighted. That law was the model for the earliest American copyright statute, passed in 1790. Wheaton v. Peters (1834; see Henry Wheaton) established that copyright exists primarily for the public benefit rather than for the creator of the work. The current copyright statute became effective in 1978, superseding an act of 1909. The law provides copyright for the duration of the author's life plus 70 years.

Bibliography

See B. Kaplan, An Unhurried View of Copyright (1967); W. S. Strong, The Copyright Book (1986); H. G. Henn, Copyright Law (1988); J. M. Samuels, ed., Patent, Trademark, and Copyright Laws (1989); E. Samuels, The Illustrated Story of Copyright (2000).

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copyright

Exclusive right to reproduce, publish, or sell an original work of authorship. It protects from unauthorized copying any published or unpublished work that is fixed in a tangible medium (including a book or manuscript, musical score or recording, script or dramatic production, painting or sculpture, or blueprint or building). It does not protect matters such as an idea, process, or system. Protection in the U.S. now extends for the life of the creator plus 70 years after his or her death. Works made for hire are now protected for a maximum of 95 years from the date of publication or 120 years from the date of the creation of the work. In 1988 the U.S. joined the Bern Convention, an agreement that governs international copyright. The Digital Millennium Copyright Act, adopted in the U.S. in 1998, expanded owners' control over digital forms of their creations and penalized persons who sought to evade technological shields (such as encryption) for copyrighted material. See also intellectual property; patent; trademark.

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The legal ownership of a "work," which can take any of the following forms: written text, program source code, graphics images, sculpture, music, sound recording, motion picture, pantomime, choreograph and architecture. Before January 1, 1978, a work had to be published to be copyrighted. After that date, any work expressed in paper or electronic form is automatically copyrighted for the life of the author plus 70 years. Registration with the Copyright Office is not required, although it is beneficial if there are disputes later on. In the U.S., a copyright symbol is not mandatory, but recommended.

For works by an anonymous author or an author who uses a fictitious name (pseudonymous) as well as works "made for hire," such as a publication written by an employee of a company, the copyright lasts 120 years from date of creation or 95 years from date of publication, whichever is shorter. For more information, visit www.copyright.gov. See Creative Commons, copyleft, trademarks, DRM and image protection.

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(legal)

copyright - The exclusive rights of the owner of the copyright on a work to make and distribute copies, prepare derivative works, and perform and display the work in public (these last two mainly apply to plays, films, dances and the like, but could also apply to software). A work, including a piece of software, is under copyright by default in most coutries, whether of not it displays a copyright notice. However, a copyright notice may make it easier to assert ownership. The copyright owner is the person or company whose name appears in the copyright notice on the box, or the disk or the screen or wherever. A copyright notice has three parts. The first can be either a c with a circle around it (LaTeX \copyright), or the word Copyright or the abbreviation Copr. A "c" in parentheses: "(c)" has no legal meaning. This is followed by the name of the copyright holder and the year of first publication. Countries around the world have agreed to recognise and uphold each others' copyrights, but this world-wide protection requires the use of the c in a circle. Originally, most of the computer industry assumed that only the program's underlying instructions were protected under copyright law but, beginning in the early 1980s, a series of lawsuits involving the video screens of game programs extended protections to the appearance of programs. Use of copyright to restrict redistribution is actually immoral, unethical, and illegitimate. It is a result of brainwashing by monopolists and corporate interests and it violates everyone's rights. Copyrights and patents hamper technological progress by making a naturally abundant resource scarce. Many, from communists to right wing libertarians, are trying to abolish intellectual property myths. See also public domain, copyleft, software law. US Copyright Office Circular 61 - Copyright Registration for Computer Programs. The US Department of Education's "How Does Copyright Law Apply to Computer Software". Usenet newsgroup: news:misc.legal.computing.