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© Copyright

Copyright can simply be defined as "if you created it, it’s yours.” But of course as with any law there can be gray areas and exceptions.

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” It is more of an urban legend.  There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other’s citizens’ copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.

Publication
The copyright law defines “publication” as: the distribution of copies of a work to the public by sale or other transfer of ownership or by rental, lease, or lending. Offering to distribute copies to a group of persons for purposes of further distribution or public display also constitutes publication. A public display does not of itself constitute publication. A work of art that exists in only one copy, such as a painting or statue, is not regarded as published when the single existing copy is sold or offered for sale in the traditional way  for example, through an art dealer, gallery, or auction house. A statue erected in a public place is not necessarily published.

When the work is reproduced in multiple copies (such as reproductions of a painting or castings of a statue), the work is published when the reproductions are publicly distributed or offered to a group for further distribution or public display.

Publication is an important concept in copyright because, among other reasons, whether a work is published or not may affect the number of copies and the type of material that must be deposited when registering a work. In addition, all works published in the United States become subject to mandatory deposit in the Library of Congress.

Works of the Visual Arts
Copyright protects original “pictorial, graphic, and sculptural works,” which include two-dimensional and three-dimensional works of fine, graphic, and applied art.

Registration Procedures Source: US Copyright Office

Original Registration
To register a work, send the following three elements in the same envelope or package to:

Library of Congress
Copyright Office
101 Independence Avenue, SE
Washington, DC 20559-6000

  1. A properly completed application form.
  2. A nonrefundable filing fee* for each application.
  3. A nonreturnable deposit of the work being registered.  The deposit requirements vary in particular situations. The general requirements follow.  Also note the information under “Special Deposit Requirements.”
    • If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition.
    • If the work was first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published.
    • If the work was first published outside the United States, one complete copy or phonorecord of the work as first published.
    • If sending multiple works, all applications, deposits, and fees should be sent in the same package.  If possible, applications should be attached to the appropriate deposit.  Whenever possible, number each package (e.g., 1 of 3, 2 of 4) to facilitate processing.

For more details, please see Circular 40, Copyright Registration for Works of the Visual Arts; see Circular 40a, Deposit Requirements in Visual Arts Material;  see Circular 41, Copyright Claims in Architectural Works; see Circular 44, Cartoons and Comic Strips and other informational circulars.

Notice: Please be aware that when you register your claim to a copyright in a work with the U.S. Copyright Office, you are making a public record.  All the information you provide on your copyright registration is available to the public and will be available on the Internet.
THINKART!  Empowering Imagination
PO Box 230232    |    Las Vegas  NV 89105
thinkart@thinknwonder.org
THINK & WONDER, INC.  A Place Where Creativity Can Grow!
Federal IRS  |  Nevada State Licensed Tax Exempt
501(c)3 Charitable  Not-for-Profit Organization
© THINK & WONDER INC.  All Rights Reserved.
ThinkArt! and all related titles, logos and characters are trademarks of Think & Wonder Inc. Content protected by United States and International Copyright Laws.
  • HOME
    • FAQ
    • Contact Us
    • AWARDS
    • THINK & WONDER INC >
      • ThinkArt! CREW
      • Where We Work
    • Pecunia Council
    • Our Supporters
  • DONATE
    • BE THINKART!
    • Do you THINKART!?
    • Ways to ThinkArt!
  • THINK ART
    • ARTNIGHT
    • Art CHALLENGES >
      • ART BOX 2016
      • PILLOW ART 2015
      • MANNEQUIN ART 2014
      • YOGURT & CEREAL 2013
      • COFFEE FILTERS 2013
      • LOLLIPOP ART 2012
    • Art SHOWS >
      • Art's Alive 2018
      • ZEAL 2017
      • Christine Binns 2016
      • Beneath The Surface 2016
      • Winners Circle 2016 >
        • Winners Circle 2015
        • Winners Circle 2014
      • MOMENT IN TIME 2015
      • Echoes of the Past 2014
      • Winter Blues 2013
      • Book Cover Designs 2012
      • Dream Big READ! 2012
      • Logo Contest 2011
      • One World Many Stories 2011
    • SPECIAL EVENTS >
      • Rage Triathlon
      • Rage Triathlon 2015
      • Marriott INVITATIONAL
      • BOWLING
      • DODGEBALL
      • A.R.I.
    • ThinkArt Envoy
    • THINK SOCIAL
  • Think COMMUNITY
    • BEANIES for BABIES
    • INNER CITY OUTREACH >
      • Academy 2017
    • COLLEGE OUTREACH >
      • Points of View 2017
      • Points of View 2016
      • Points Of View 2015
      • Points Of View 2014
      • Points Of View 2013
      • Points Of View 2012
    • COMMUNITY OUTREACH
  • THINK WRITING
    • 2022 Teen Writing
    • 2021 Teen Writing
    • 2020 Teen Writing
    • 2019 Teen Writing
    • 2018 Teen Writing
    • 2017 Teen Writing
    • 2016 Teen Writing
    • 2015 Teen Writing
    • 2014 Teen Writing
    • 2013 Teen Writing
    • 2012 Teen Writing
    • Writing Judge Application
  • THINK & LEARN
    • SHOW TERMS >
      • Delivery & Return of Works
      • Our Judges >
        • Jury Selection Tips
    • ArtSpace
    • Internship
    • Matting Your Work
    • Mounting Guidelines
    • Diffference Between Art and Craft?
    • Ethics & Fair Practices >
      • Sales & Compensation
      • Art Fairs
      • Gallery/Artist Relationship
      • Donating Artwork
      • Commissions/ Sample Contract
      • Juried Shows
      • License Your Art
      • Copyright
    • VANITY Gallery
  • THINK SHOTS
    • Video Recording Tips
    • THINK FILM >
      • BAD INFLUENCE Music Video
      • 'CROOKED MOUNTAIN' Short
      • PSA For The Arts >
        • 2015 PSA PARODY
      • ANIMATION
  • THINK DANCE
    • Sponsor A Dancer
    • Nutcracker Ballet
    • Dance Partnerships