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Copyright

Guide to copyright basics and policies at Otterbein University.

U.S. Code Title 17

§ 102. Subject matter of copyright: In general

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

  1. (1) literary works;
  2. (2) musical works, including any accompanying words;
  3. (3) dramatic works, including any accompanying music;
  4. (4) pantomimes and choreographic works;
  5. (5) pictorial, graphic, and sculptural works;
  6. (6) motion pictures and other audiovisual works;
  7. (7) sound recordings; and
  8. (8) architectural works

Registration

So, you've written a story, taken a photo or created a software program. 

Now what?

Currently, most countries recognize the existence of a copyright at the moment when a "work" is "fixed in a tangible medium of expression" (see emphasized text on the left). A "work" can be any creative expression: a drawing, a song, a poem, a photograph -- even an email.  And it doesn't have to be on paper, pixels on a computer screen count too.

Technically, nothing ever needs to be "copyrighted," because the copyright exists as soon as whatever-it-is exists.  But, the Copyright Office does register information about who created (or owns) the subject of the copyright (the whatever-it-is that was created).

So why register?

Copyright registration establishes a presumption of ownership. This also gives you legal standing in any lawsuit alleging infringement of a work. If an author or artist intends to offer their work for sale or reproduction, then it is a good idea to register the work before making it available.

Registration requests can be filed either electronically or on paper.  The costs and requirements for filing vary depending on the type of work being registered and the format of the request. The instructions should be followed carefully to insure that a registration request is valid.