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Understanding Copyright: What You Need to Know About Protecting Your Artistic Works

 Understanding Copyright: What You Need to Know About Protecting Your Artistic Works


Copyright is a legal protection given to creators or owners of intellectual property that grants them the exclusive right to manufacture, license or adapt copies of the property for a limited amount of time. The degree of originality required for a work to be copyrighted is minimal, and the work must not be a reproduction of an existing work. Copyright can apply to literary, artistic, dramatic, musical works, films, television broadcasts, sound recordings, radio broadcasts, unpublished artworks, websites, and computer programs. However, copyright does not attach to ideas, concepts, styles, procedures, systems, or techniques, titles, names, short phrases or slogans, facts, news, research or works in the public domain.

The owner of copyright has six exclusive rights, including the right to reproduce, distribute, create derivative works, publicly perform, publicly display, and perform sound recordings using digital audio transmission. Copyright is an individual right, which means that the person owning a book or painting does not necessarily own the copyright unless it has been specifically assigned to them. In Australia, copyright applies to works as soon as they are created, and registration is not required for protection.

Copyright ownership can change depending on the type of work created or how the work was created, such as by an employee at work, and can also be transferred to another party. If the creator or copyright owner dies, copyright passes to the estate or a nominee. Copyright protections tend to last for 70 years after the death of the creator or the first year of publication, and copyright in unpublished works lasts for 70 years after the death of the creator or 120 years from the date it was created if the creator cannot be found. The U.S. Copyright Office recommends registration of copyright for several reasons, including eligibility for statutory damages and lawyers' fees when litigation arises. However, copyright protections commence once the artwork is created, not when it is registered.

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