Previously, I wrote about patents and trade secrets, both of which play key roles in technology development. Now, I want to address another important component of intellectual property (IP) rights—copyright law.
Copyright, according to U.S. law, is a form of protection extended to the creators of “original works of authorship”, including literary, dramatic, musical, artistic, and select other intellectual creations. Writers, photographers, and musicians are likely to be familiar with the concept of copyright. Note: copyright does not apply to inventions (devices, manufacturing methods, chemical and mechanical processes, etc.). The owner of the copyright to a work (novel, song, photograph, play, film, TV and radio production, screenplay, etc.) has the exclusive right to reproduce and sell the creative work, to perform it, and to display it. Or, you may license others to do so. Copyright extends from the time the original work of authorship is first rendered in a tangible form until 70 years after the death of the author. There is no requirement to renew or maintain copyright.
Perhaps the most surprising aspect of copyright law is that the author does not have to apply for this legal protection. With other forms of IP protection (such as patents and trademarks), one has to file an application and survive a review process, which may span years, to prove the claimed IP is novel. Not so with copyright. The moment the author renders the original work in a tangible form, copyright protection applies in full.
What does it mean to “render in tangible form”? Well, for authors and musicians, it means you have to write the words and/or music. A photographer has to capture the image. It is not sufficient that Tom Clancy imagined the novel “Hunt for Red October”. He had to write it. But, as the words or musical score are taking physical representation on your computer or sheet of paper, the copyright is immediately in effect.
Many authors have the misconception that copyright is not in effect until they have delivered copies of their books to the Library of Congress—not so. The only action that is required to secure copyright protection is to render the creation in tangible form. That’s it. What could be easier!
Cheers and GO DUCKS!
Dave Edlund, PhD '87
david@e1na.com