In the United States, copyright is provided by the government to authors of "original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works." It applies to published and unpublished works, and it doesn't depend on where the author lives or his or her nationality.
Copyright occurs at the time the work is created in a fixed form of expression. The copyright belongs to the author/creator immediately, whether he or she registers the copyright or not. However, in cases of work made for hire, such as ghost writing, the employer is considered to be the author and is the holder of the copyright.
Under U.S. law, the use of a copyright notice is not required, though it is probably beneficial, according to many attorneys. The term of protection depends on the date of creation. If a work was created after January 1, 1978, it is protected from the moment of creation and that protection lasts for the duration of the author's life plus 70 years after the author's death.
One legal concept that is getting a workout between attorneys in the age of the internet is that of public domain. If a work is publicly available, such as in a book, magazine, or on a web page, it is not considered part of the public domain unless other conditions are met. Public domain works are those that are no longer protected by copyright or that never were protected. In the U.S. all works published before 1923 are considered to be works in the public domain. Works published between 1923 and 1963 in which copyright registrations were not renewed are also considered part of the public domain.
There are, however, cases where trademark or patent protection may apply, and copyright attorneys deal with cases like these, too. These concepts are only the basics of copyright law. The specialty is very complex, and the new ways of getting original content to people are bringing up copyright issues that nobody would have even thought of a generation ago.
Other concepts that copyright attorneys will have to develop expertise on are those of fair use and first sale. Fair use is an American concept that codifies that certain uses of other people's copyright protected works does not require authorization from the copyright holder. Fair use allows use of copyright protected work for various purposes like research, education, parody, news, and commentary. It does not allow a person to make money from someone else's work.
The first sale doctrine says that when you physically own an item, say a CD or a book, you don't own the copyright to the work in that CD or book. Section 109 of the Copyright Act says that if you own a copy of a copyright protected work, you may lend, resell, or otherwise dispose of the item, but you can't reproduce it, publicly display it, or perform it without permission.
A copyright lawyer's job sounds simple: establish rights of creative works for songs, films, books, photographs, or computer software and protect them from unauthorized use. Copyright attorneys may work for a book publisher or a movie studio, or as independent practitioners representing individual artists. But the job can become very complex in a hurry. If you are interested in being a lawyer in the world of copyright law, here are the steps you need to take.
First, pursue law school courses about intellectual property rights, including copyright law, intellectual property rights, licensing, and copyright law. Trademark law is another good niche to concentrate on.
Learn about changes in U.S. copyright law, the World Intellectual Property Organization (WIPO) treaty, laws concerning royalty income and copyright's role in new media. Study the recent writings of other attorneys on these subjects.
Become well versed in copyrighted work versus work for hire created by an employee of a company such as a movie studio. Learn when writers can sue over copyright ownership and when they can't. Learn the nuances of copyright infringement, which is an expanding concept in the digital age.
Research and write about legal issues pertaining to social networking sites, DVD copying, and music and video sharing sites. Know when creative rights must be protected, and when individuals can share information legally in electronic form.
If you are able to land an internship as a lawyer for a record company, publisher, or software manufacturer, this will give you experience in dealing with intellectual property that you can't get from books. This will give you first hand exposure about Digital Rights Management (DRM) and other new copyright protections. Copyright attorneys will no doubt be in big demand as digital media expands into new forms.
- See Top 10 Reasons Most Law Firms Have No Idea How to Hire and Evaluate Patent Attorneys for more information.
