2. Copyrights: Copyright is a form of protection provided by U.S. law (17 U.S.C 101 et seq) to the
authors of "original works of authorship" fixed in any tangible medium of expression. The manner and
medium of fixation are virtually unlimited. Creative expression may be captured in words, numbers, notes,
sounds, pictures, or any other graphic or symbolic media. The subject matter of copyright is extremely
broad, including literary, dramatic, musical, artistic, audiovisual, and architectural works. Copyright
protection is available to both published and unpublished works.
Copyright protection is available for more than merely serious works of fiction or art. Marketing
materials, advertising copy and cartoons are also protectable. Copyright is available for original working
protectable by copyright, such as titles, names, short phrases, or lists of ingredients. Similarly, ideas
methods and processes are not protectable by copyright, although the expression of those ideas is.
Copyright protection exists automatically from the time a work is created in fixed form. The owner
of a copyright has the right to reproduce the work, prepare derivative works based on the original work
(such as a sequel to the original), distribute copies of the work, and to perform and display the work.
Violations of such rights are protectable by infringement actions. Nevertheless, some uses of copyrighted
works are considered “fair use” and do not constitute infringement, such as use of an insignificant portion
of a work for noncommercial purposes or parody of a copyrighted work.
General Definition of copyright “Copyright owner”, with respect to any one of the exclusive rights
comprised in a copyright, refers to the owner of that particular right.
Federal Registration of Copyrights: The works are protected under federal copyright law from the
time of their creation in a fixed form. Registration, however, is inexpensive, requiring only a $30 (present
$85) filing fee, and the process is expeditious. In most cases, the Copyright Office processes applications
within four to five months.
Copyrighted works are automatically protected from the moment of their creation for a term
generally enduring for the author’s life plus an additional seventy years after the author’s death. The policy
underlying the long period of copyright protection is that it may take several year for a painting, book, or
opera to achieve its true value, and thus, authors should receive a length of protection that will enable the
work to appreciate to its greatest extent.
3. Patents: A patent for an invention is the grant of a property right to the inventor, issued by the United
States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which
the application for the patent was filed in the United States or, in special cases, from the date an earlier
related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective
only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent
term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to
exclude others from making, using, offering for sale, or selling” the invention in the United States or
“importing” the invention into the United States. What is granted is not the right to make, use, offer for