published: April 12th, 2009
Understanding Copyright Law
Copyright is a form of limited and temporary government-granted monopoly which gives the creator of an original work some rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain. Copyright applies to concrete expressions of information, but not the information itself. Some jurisdictions also recognize “moral rights” of the creator of a work, such as the right to be credited for the work.
An example of the intent of copyright, as expressed in the United States Constitution, is “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors…the exclusive Right to their…Writings”
Copyright has been internationally standardized, lasting between fifty to a hundred years from the author’s death, or a finite period for anonymous or corporate authorship. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions.
Most jurisdictions recognize copyright limitations, allowing “fair” exceptions to the author’s exclusivity of copyright, and giving users certain rights. The development of the Internet, digital media, computer network technologies, such as peer-to-peer file sharing, have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and inspired additional challenges to copyright law’s philosophic basis. Simultaneously, businesses with great economic dependence upon copyright have advocated the extension and expansion of their copyrights, and sought additional legal and technological enforcement. For more information on copyrighting please visit: www.copyright.gov




