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Published by: CyberKeneticSolutions on Nov 30, 2010
Copyright:Attribution Non-commercial


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BY ERIC B. GOLDBERG of Kenney & Sams, P.C
what is copyright?
Copyright is a orm o legal protection that grants to artists, authors,musicians, and others certain exclusive rights in their original cre-ations. The ollowing types o works are copyrightable: literary works(all written works expressed in words or numbers, such as articles,novels, poems, web pages, blogs, computer programs, etc.); musicalworks; dramatic works; choreographic works; pictorial, graphic andsculptural works; motion pictures and other audiovisual works (includ-ing accompanying sounds); sound recordings (recordings o musi-cal, spoken, or other sounds, except sounds accompanying motionpictures or other audiovisual works); architectural works.Copyright only protects original orms o written or recorded expres-sion; copyright does not protect ideas, themes, or concepts. Forexample, dierent songwriters can write original lyrics about thesame idea, such as a amily, historical or political event. It is only thesongwriter’s original way o telling a story through his or her lyrics thatis copyrightable. The same is true with respect to music. No one canclaim to own the copyright in the sound o a guitar or piano, but musi-cians are always creating new and original ways o expressing thosesounds in their music. The instrument represents the idea or theme,while the original combination o notes represents the copyrightableexpression.Copyright does not protect titles, names, short phrases, or slogans.For example, you cannot copyright the name o your band, or thenames o your songs. However, titles and names can be trademarked,
which is a dierent orm o legal protection. The basics o trademarkprotection will be covered in a separate article. On the other hand,i you associate your band or music with an original logo or artwork,you may be able to protect the artwork or logo through both copy-right and trademark. Graphic images are copyrightable as originalworks o art.
ownership o copyright
Copyright is said to belong to the “author” o the work. Typically, theauthor is the original creator. The author or copyright purposes canbe an individual, or two or more “joint authors” who share in the own-ership o the copyright. Thus, two or more songwriters or musicianswho collaborate on a work will co-own the copyright in the work.However, under copyright law, i a work is created in the course oone’s employment, the author is said to be the employer, and not theemployee who actually created the work. These types o works arecalled “works or hire.”
The Rights O Copyright Owners
Copyright owners have the exclusive right to do and to authorizeothers to do any o the ollowing with their work:
Make Copies
. Only the copyright owner may lawully copy orreproduce a copyrighted work.
Prepare Derivative Works
. Derivativeworks are works in which a preexistingcopyrighted work is recast, transormedor adapted. For example, an extended dance remix o a radio singlewould be a derivative work because the remix would be a new ar-rangement o the original music. Only the copyright owner can usethe original to create derivative works. Any new and original material

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