Archive for August, 2009
Notice of Copyright
The required use of a copyright notice (1976 Copyright Act) was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.
Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.
Form of Notice for Visually Perceptible Copies: The notice for visually perceptible copies should contain all the following three elements:
- The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”; and
- The year of first publication of the work.
- The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
Example: © 2006 John Doe
The “C in a circle” notice is used only on “visually perceptible copies.” Certain kinds of works for example, musical, dramatic, and literary works—may be fixed not in “copies” but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are “phonorecords” and not “copies,” the “C in a circle” notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded.
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What Can and Cannot Be Copyrighted?
Persons or organizations creating “original works of authorship” including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual displays usually register copyrights. Authors, artists, song writers and creators of computer programs typically register copyrights. Businesses often copyright their logos and other artwork that is representative of their companies
The word “copyright” literally means the right to copy. According to the U.S. Copyright Office, “The owner of copyright has the exclusive right to reproduce, distribute, and, in the case of certain works, publicly perform or display the work; to prepare derivative works; or to license others to engage in the same acts under specific terms and conditions.” For example, the author of a book will typically sell all or part of his or her copyrights to a publisher who actually prints and markets the book to the public.
The U.S. Copyright Office defines the following broad categories of works for which copyrights can be registered:
• literary works
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic work
• pictorial, graphic, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works
Computer program copyrights are typically registered as “literary works.” Architectural plans and maps are registered as “pictorial, graphic, and sculptural works.” Things that cannot be copyrighted include any inventions, ideas, procedures, processes, slogans, principles, or discoveries.
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What is a Copyright?
Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.
Copyright protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the 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; and
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
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Create Letterhead and Envelopes
The last of the basics needed for initially branding your company is to design and print your letterhead and envelopes. It is important when you communicate by mail for your company to project professionalism. Even the smallest business will be well-served by having simple, welldesigned stationary.
This is generally a fairly simple task. It generally utilizes your logo and your company name. In addition, both the letterhead and envelope will have the company’s contact information including:
• Company address
• Telephone number
• Fax number
• Web site address
• Email address
As with business cards, I would suggest that you do not print letterhead and envelopes in large quantities unless you are sure that all of the information will stay the same. You can buy good quality paper and business envelopes (in whatever color and texture you choose) from your local office supply store. Lay out your letterhead and envelopes in your word processor or a graphics program. Your jet ink printer will provide for your needs without a heavy front-end investment.
Later on, if you decide that you want higher quality letterhead and envelopes in a larger quantity, you can use a printer. The key is deciding which choice will serve your company better in terms of budget, timing, and quality.