What
is covered under copyright?
Copyright protection,
provided under Title 17 of the U.S. Code, exists for original
works of expression, including literary, musical, dramatic,
choreographic, graphic, pictorial, and sculptural works; motion
pictures and other audiovisual works; and sound recordings.
While the law was written before the ready availability of computers,
computer-generated work is also covered.
What
isn't covered under copyright?
Works that cannot
be copyrighted include: works not fixed in a tangible form of
expression; improvisational speeches not recorded; titles, names,
short phrases, or slogans; familiar symbols or designs; listings
of ingredients or contents; principles, discoveries, methods,
systems, processes, concepts, or devices; and common-property
information such as calendars, weight and height charts, and
other such lists and charts.
What
does copyright mean?
A copyright gives
the owner the exclusive rights to and the authority to permit
others to: reproduce the copyrighted work; prepare derivative
works based on the copyrighted work; distribute copies or recordings
of the copyrighted work to the general public; and to perform
and/or display the copyrighted work in public. Copyright protection
covers only a particular description, arrangement, or form;
it does not offer protection from others writing their own description,
creating their own arrangement, or making their own form.
Impact
of Computers on Copyright Protection
Computers have given
anyone with the right skills and software the ability to copy
and modify text and photographic images. As a result, it is
becoming more and more difficult to determine whether an item
is an original work that might be copyrighted.
Repercussions
of Copyright Infringement
Failure to protect
copyrights can lead to fines ranging from $250 to $10,000 per
infringement. Some state laws provide even greater fines
Sample
Release Statement
______________ (name
of customer), (hereinafter referred to as "Customer"),
warrants that customer is the copyright owner or has secured
the right to reproduce in copies and to distribute copies of
all copyrighted works printed pursuant to this agreement. Further,
Customer warrants that the work to be printed pursuant to this
agreement has not been altered, defaced, mutilated or otherwise
modified without the permission of the author in violation of
any right of the author recognized under common law or state
law. Customer hereby agrees to indemnify and hold harmless TYPEStyles
against any and all loses suffered by TYPEStyles or any of its
officers, employees or assignees for copyright infringement,
or for alternation, defacement, mutilation or other modification
of the work without the author's consent, or any other cause
of action based on the rights of the author of the works printed
pursuant to this agreement. Such indemnification shall include
actual and statutory damages, fines, attorney's fees that may
be awarded to the plaintiff or incurred in defending against
an action, and all other legal costs incurred in defending against
such actions.
Credit:
Copyright
2004. PIA/GATF
All Rights
reserved.
http://www.gain.net/
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