Copyright Is Automatic

Artists and writers are often surprised to learn that copyright is automatic; that is, nothing needs to be done to claim copyright protection.

Who Owns and Holds the Rights to a Copyright

The creator of a copyrighted work does not always own the copyright to that work. In some cases, usually through an assignment or transfer, other persons or entities own the copyright.

Should I Copyright My Software, Online Application, or Mobile App?

One of the best ways for authors of digital content to protect their work is to register it with the U.S. Copyright Office. Registration is easy and cheap. And, it provides significant benefits if you have to enforce your copyright in federal court.

Software and Application Development Agreements: Protect Your Copyright

A written software development agreement is key to getting the product you want (if you are the client), getting paid (if you are the developer), preventing disputes, and providing ways to solve problems if they develop. And, if the parties end up in court, it establishes their respective legal duties. You don't need a lawyer to draft a software development contract -- you can do it yourself. But be sure to include these basic provisions.

Ten Tips for Songwriters: Credits, Copyrights, and Coauthors

You may have written an outstanding song with a fabulous melody, great lyrics, and memorable hooks. Yet your work doesn't stop there. Songwriting raises many legal issues such as: who gets the credit for a song, how are royalties split, can you claim tax deductions for home studios, and should you register a copyright. Here are ten tips to help manage the legal and business side of your songwriting.

Protecting Artwork That Uses Natural Elements: Copyright and Design Patent Laws

Many artists draw upon nature for their artwork. Yet protecting such artwork from copying is legally tricky. How can intellectual property law help artists to prevent their work from being copied?

Visual Artists Rights Act: Special Protection for Fine Art Works

Visual Artists Rights Act Certain types of artworks receive more rights than are

The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable

Fair use is a defense to a claim of copyright infringement based on the idea that the public is entitled to freely use portions of copyrighted materials for certain purposes, like commentary and criticism. It is particularly heavily used by writers, academics, and journalists. How is fair use applied?

Fair Use: It's a Defense to Copyright Infringement

Although copyright law prevents the unauthorized copying of protected works, the doctrine of "fair use" provides a defense to potential infringers. Under certain circumstances, fair use permits the usage of otherwise protected materials.

Fair Use: The Four Factors Courts Consider in a Copyright Infringement Case

How is fair use determined? A determination of fair use generally occurs during an infringement lawsuit, and the court would typically weigh four factors.

Fair Use: What Is Transformative?

In determining fair use, what makes the use of a copyrighted work "transformative"?

What Rights the First Sale Doctrine Gives to a Purchaser of a Copyrighted Work

Every day, millions of consumers make use of the first sale doctrine.

Using Works in the Public Domain: No Need to Get Permission

When a work is no longer protected under copyright law, it is said to be "in the public domain." You do not need to ask permission to use, copy, or distribute such works. How do you know when a work is in the public domain?

When You Need Permission to Sample Others' Music

If you use samples in your commercially released music, you often need legal permission from the creator of that sample. This permission is referred to as sample clearance. Failure to get the proper permission could lead to serious consequences.

Using Videotape in the Classroom Without Violating Copyright Law

Usually teachers may tape TV programs and show them to students without violating copyright law if they follow a set of guidelines called the "Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes."

How to Obtain Sample Clearance for Use in One's Music

If you plan to use samples in your musical compositions, you may need to obtain permission to avoid legal trouble. Unfortunately, getting permission is not always easy. Here are some ways an independent artist can obtain sample clearance.

Determining the Length of Copyright Protection

How long does copyright last? That depends on when the work was created and who created it. Here are some guidelines.

How Copyright Law Applies to Photos of Buildings and Architecture

After U.S.

Playing Music in Your Store: How to Avoid Paying for It!

How can you avoid paying to play music in your store?

Should You License or Assign Your Art?

In a contract for the production and sale of your artwork, you can do one of two things: license your artwork or assign it. What are the costs and benefits of each?

Consigning Your Arts and Crafts: Legal Protections Against Common Risks

Consignment sales are a common way for artists to sell their wares and make a stream of income. However, they are not without their risks. If you are considering selling your work through consignment, what should you know?

Licensing Artwork: Negotiating and Monitoring Royalty Payments

For an artist who successfully licenses her artwork, royalty payments provide welcome additional income. But in order to maximize profits, an artist should take the time to negotiate a smart royalty deal.

How Artists Can Protect Their Interests in Foreign Licensing Deals

Foreign licensing of your artwork can be lucrative, but it can also be a legal minefield. If the licensee is a cheat, you could end up wasting time and money suing the licensee in a foreign court and trying to collect a judgment overseas. How can you protect yourself as best as possible in foreign licensing deals?