What is protected?
The classes of protected works follow:
- literary works;
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
International Rights
There is no "international copyright" to automatically work throughout the entire world. Most countries do protect foreign works under certain conditions.
Use of Copyrighted Material
If someone uses your copyrighted work without authorization, you may be able to bring an infringement action against the offending party. However, copyright law contains a provision called "fair use" which allows for quotes or samples to be used without express permission.
There are four factors to consider when determining fair use:
- the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
Transfer of Rights
A copyright owner may transfer exclusive rights if done so in writing; transfer of nonexclusive rights does not require a written document. Because copyright is a personal property right, it may also be bequeathed by will or pass as personal property by state law of succession; as such, it is subject to personal property taxes.
See also US Copyright Office, Circular 1, US Copyright Office, Fair Use, US Copyright Office, Frequently Asked Questions ; National Review
