Frequently Asked Questions About Copyrights

What is a copyright?

Copyright protects any "original work of authorship" that is fixed in a tangible medium. In other words, if you create something and can store it for later retrieval, then you have "fixed" it.   Top

What is an original work of authorship?

Original works of authorship constitute a wide array of creations. Copyright protects the following categories of original works:

• literary works (such as plays, scripts, computer programs and compilations)

• musical works, including any accompanying words

• dramatic works, including any accompanying music (public performances of plays)

• pantomimes and choreographic works (such as an original dance performance)

• pictorial, graphic, and sculptural works (such as paintings, belt buckles, and jewelry)

• motion pictures and other audiovisual works

• sound recordings (including speeches and lectures)

• architectural works   Top

Do copyrights last forever?

No, a copyright lasts for the life of the author plus 70 years. In the case of a corporation, the duration of copyright is 95 years from publication of the copyrighted work, or 120 years from the creation of the work. If material was created before 1978, other rules may apply and the duration could be shorter. Once a copyright has expired, it enters into the public domain.   Top

What does Public Domain mean?

Once a work has entered into the public domain, it no longer gives special rights to its original author. Anyone may use public domain works.   Top

How do I know if something is in the public domain?

As a general rule, if something was created before 1925, it is in the public domain. Other works created after 1925 may also be in the public domain. An attorney can assist you in searching for this information.   Top

Can something be taken out of the public domain?

No. That said, a party may take a portion of something in the public domain and create a new work of authorship that is protectable.   Top

Do I have to register my copyright?

You do not have to register a copyright in order to secure your rights. Once an original work is created and fixed in a tangible medium, copyright attaches and you are afforded the rights of a copyright holder. If you are a U.S. citizen or corporation, you must have a registration in order to sue a third party for copyright infringement.   Top

Are there other reasons why I should register my copyright?

Yes. If you register copyright early, you are eligible to receive certain types of damages in a copyright infringement case. Moreover, copyright registration is evidence of your creation date. For corporations, copyright registrations are necessary to secure certain financing and may also reduce insurance premiums. Copyright registration is also evidence of ownership of a work. In addition, copyrights may be registered with the U.S. Customs Office and can help prevent importation of infringing works.   Top

I wrote some music, but I only recorded it, I did not transcribe the actual notes. Do I still have a copyright?

Yes. Your song is an original work of authorship.   Top

What rights does copyright law give me?

CCopyright may be considered a bundle of individual rights that you may keep, license, or sell outright. Once your work is fixed, you have the following rights:

• To reproduce the work in any form

• To make derivative works of the original work

• To distribute copies

• To sell or transfer any or all of these rights, individually or collectively

• To perform the work publicly

• To distribute the work digitally, in the case of sound recordings   Top

What is a derivative work?

A derivative work is a work that is substantially based upon an original work. For instance, if you author a book, you have the right to create a movie based upon the book.   Top

What is sampling?

Sampling in the context of music is the practice of taking pieces of a song and putting them in a new work.   Top

Is sampling legal?

Not without paying royalties. If you sample portions of a song that is not yours, you may be committing infringement in two ways: in the sound recording and in the song itself. Accordingly, you must pay for the sample you use. The cost of using a sample varies depending upon the length of the sample and how recognizable the sample is.   Top

Is there such a thing as a “30% Rule” or a “4 note rule?”

No. Popular rumor holds that if you use less than 30% of someone's work or only 4 notes of a song, that is a fair use. This is untrue. The test of infringement is not the amount of what is taken but whether it is substantially similar to the original.   Top

My partner and I wrote a song. Who owns the copyright?

You both do. Absent a written agreement, and with some exceptions, this is known as a joint work of authorship.   Top

I wrote words to a song and my friend wrote the music. WWho owns the copyright?

If it was your intent to write them separately, then you own the copyright to the words and your friend owns the copyright to the music. Two copyright applications may be filed in this case.   Top

I have more questions.

Feel free to contact Cobalt with any questions about copyrights or copyright registration.   Top