What is Copyright?

What is Copyright?

Section 8. "The Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." - excerpt from U.S. Constitution, Article I, (Section 8, cl. 8)

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 This protection is available to both published and unpublished works. The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

To reproduce the copyrighted work in copies or phonorecords;

To prepare derivative works based upon the copyrighted work;

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;

To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

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.

Section 106A of the Copyright Act lists three other rights which apply only to works of visual art and give the copyright owner the eclusive right to:

To claim authorship of the work and to prevent the use of his or her name as the author of a work he or she did not create; and

To prevent the use of his or her name as the author of a distorted version of the work, to prevent intentional distortion of the work, and to prevent destruction of the work.

To prevent any intentional distortion, mutilation, or other modification of the work which would be prejudical to his or her honor or reputation; and to prevent destruction of a work of recognized stature.

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