COPYRIGHTS - АВТОРСКИЕ ПРАВА
ОБ АВТОРКИХ ПРАВАХ НА РУССКОМ ЯЗЫКЕ ЧИТАЙТЕ ВНИЗУ ЭТОЙ СТРАНИЦЫ
What Is Copyright
Copyright is a form of protection provided to the authors of original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
The 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
• To reproduce the work in copies or photo records;
• To prepare derivative works based upon the work;
• To distribute copies or photo records of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the 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;
• In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright.
A “compulsory license” is a form under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.
Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as:
1. a work prepared by an employee within the scope of his or her employment; or
2. a work specially ordered or commissioned for use as:
• a contribution to a collective work
• a part of a motion picture or other audiovisual work
• a translation
• a supplementary work
• a compilation
• an instructional text
• a test
• answer material for a test
• an atlas
If the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.
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
9. computer programs
These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”
What Is Not Protected by Copyright?
Several categories of material are generally not eligible for federal copyright protection. These include among others:
• Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
• Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
• Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
Transfer of Copyright
Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.
A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.
Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.
Transfers of copyright are normally made by contract. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties.
Copyright licensing
A “compulsory license” is a form under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.
Copyright Registration
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:
• Registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
• If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.
Cost for Filing Copyright Application:
$55 government filing fee
Includes: A search of federal copyright records for conflicts; filing the application; representation during the entire application process (average length is approx. 4-6 months) including any letters, responses to Office Actions, phone calls or other replies if needed during the application process.
LIST OF COPYRIGHTS RECENTLY FILED BY OUR OFFICE - СПИСОК ПОДАННЫХ COPYRIGHT или АВТОРСКИХ ПРАВ ЗА ПОСЛЕДНЕЕ ВРЕМЯ
1-8080961861
VAu 1-386453
VAu 1-386-579
VAu 1-386-583
VAu 1-403-328
VAu 1-403-316
TXu 2-183-669
TXu 2-071-580
TXu 2-061-495
TXu 2-166-148
TXu 2-165-409
TXu 2-165-410
TXu 2-132-071
TXu 2-082-351
TXu 2-076-184
VA 2-019-584
TXu 2-012-139
VAu 1-308-940
TXu 2-071-580
TXu 2-073-430
VAu 1-308-942
VA 2-089-181
VAu 1-292-649
VAu 1-312-398
TXu 2-023-164
TXu 2-026-891
VA 2-014-695
TXu 2-000-841
1-3060904011
TXu 1-955-226
1-2228720821
VAU 1-145-316
TXU 1-868-796
1-141-440
1-127-897
1-951181631
1-916303147
1-915610171
1-915610063
1-916302883
1-718-132
1-018-186
1-118-215
1-118-107
1-794-587
1-127-368
1-936939171
1-360820801
1-784-958
1-383779732
1-394147472
1-66870397
1-075-313
1-720468451
1-787147531
1-770-268
1-861491241
1-861558642
1-843-473
АВТОРСКИЕ ПРАВА или COPYRIGHT
Авторские права или Copyright защищают оригинальность
новых произведений художественного, театрального, литературного и музыкального
искуства. К произведениям исскусства, которые могут быть зарегистрированы и
защишены отнoсятся: книги, компьютерные программы, театральные постановки, кинофильмы, спектакли, картины, скульптура, песни, и т.д. Так же могут быть
зарегистрированы изменения и дополнения к уже существующим произведениям.
If you are looking for a Russian Speaking Trademark and Patent Attorney in
United States please contact us at 818-251-6783
For additional information or free consultation, Email vchernob@yahoo.com