Copyright

Like patent protection, copyright protection in the U.S. is conferred by federal law, based on a specific provision of the Constitution. Federal copyright protection applies to literary, musical and dramatic works, pictorial, sculptural and audiovisual works, and other kinds of works of authorship, including computer program expression. Copyright protection for works created today begins when the work is first "fixed in a tangible medium of expression," i.e., written down or otherwise recorded-and lasts for the life of the author plus seventy years.

The owner of a copyright has the exclusive right to reproduce and distribute copies of the copyrighted work, and to prepare derivative works (adaptations, translations, etc.) based on the copyrighted work. If the work can be performed, such as a musical or dramatic work, the copyright owner has the exclusive right to perform it publicly. In the case of a work that can be displayed, such as a picture, sculpture or motion picture, the copyright owner may prevent others from displaying the work without the owner's permission. All of these rights are subject to the doctrine of "fair use," which permits limited use of copyrighted works for certain beneficial purposes (for example, teaching and research) without the permission of the copyright owner.

Like a patent, a copyright is considered to be property, and may therefore be sold and licensed. Claims to copyright may be registered in the Copyright Office, a branch of the Library of Congress, located in Washington, D.C. When a copyrighted work is published, well-advised copyright owners place a notice of copyright on the copies of the work as a warning to would-be copiers. Such notice may consist of a "c" enclosed by a circle, the date (at least the year) and the name of the copyright owner.

From 19th-century photographs to 20th-century computer programs, U.S. copyright law has protected artists and authors in numerous ways. For example:

• In 1882 an enterprising New York photographer carefully posed the famous Irish dramatist and poet, Oscar Wilde, and took a remarkable photograph showing him in a deeply pensive mood. Soon afterwards, without the photographer's permission, a lithographer produced 85,000 copies of the photo and began selling them. The photographer sued for copyright infringement and was awarded damages. Copyright law protected the fruits of the photographer's creative efforts.
• The popular Lotus 1-2-3 computer spreadsheet employs a visible menu command system that has a unique structure, sequence and organization. When a rival company copied this element of the program, a court held that the element was protected by the Lotus copyright, and the would-be copier was forced to devise its own menu.

Disputes concerning copyrights also are resolved either through the federal courts or ADR.  Substantive copyright law is enacted in Title 17 of the United States Code.  Unlike patent disputes, appeals in copyright cases may be taken to regional circuit courts, rather than to the single appellate court created to hear all patent appeals.

AIPLA actively supports the protection of copyrights.  There is a Copyright Committee dedicated to studying copyright issues, both domestically and abroad.  Additionally, AIPLA is a active sponsor of the annual Copyright Awareness Month.