只要是你做的版权就是你的，要申请什么？你就算不写“版权所有XXX”版权还是你的。参考下文：
User-Friendly Guide to Copyright
With the expansion of technology and the abundance of communication possibilities, the creators of works of art and literature have been given greater accessibility with regards to promoting their art to the general public. This greater accessibility has fostered the threat of misappropriation of the artist/author's work.
The United States Government and other countries have developed a means of protection for the artist/author by enacting Copyright Laws. One rationale behind enacting such laws is to encourage the artist/author to create works that society will ultimately benefit. Another theory behind enacting such laws is the government's recognition that individuals would be less likely to create if they knew that the "fruits of their labor" would be susceptible to misappropriation.
The purpose of this pamphlet is to provide the artist/author with a general guide to Copyright law. It is intended to provide answers to the most frequently asked questions. This pamphlet is, by no means, exhaustive of the possibilities of protection afforded by the Copyright Law. In the event that this pamphlet doesn't address a specific question, the reader should either consult with an attorney experienced in this area or do further research. There are many helpful publications offered by PVLA which the reader might explore.
Throughout this pamphlet, there will be reference to the federal copyright statute which is located under Title 17 of the United States Code. The purpose of doing this is to provide the reader with the appropriate citation should she want to do further research.
A. What is Copyright?
A copyright in a work of authorship confers the right to exclude others from copying the work for the duration of the copyright. The copyright law gives the author or proprietor of the copyright various exclusive rights in their work. These rights include: reproduction, preparation of derivative works (e.g. the film, Cat on a Hot Tin Roof, which Tennessee Williams based on his play), distribution, performance and display. See 17 USC § 106.
1. Is my work copyrightable?
The copyright law provides protection for works of authorship fixed in any tangible medium of expression and further enumerates what it deems as a work of authorship. Included are: literary works; musical works including lyrics; dramatic works, including accompanying music; pantomimes and choreographic works; pictorial graphic, and sculptural works; motion pictures and other audio-visual works; and sound recordings. See 17 USC § 102. The list provided is not exhaustive of the types of works which may be copyrighted. For example, works of authorship have been extended to include computer software programs and data bases.
Copyright protection for an original work does not extend to any "idea, procedure, process, system, method of operation, concept, principle or discovery" (17 USC § 102(b)). This means that if the author writes a story about three bears and a blonde-headed girl, he cannot sue someone for copyright infringement if they write their own story about three bears and a blonde-headed girl unless there was actual copying. He may sue, however, if the second author copies his expression (i.e. the words and images nearly verbatim) of the story. Another example would be if an artist painted a particular landscape. A second artist would not be infringing on the first artist's rights if he painted the same landscape. He would be susceptible, however, if he copied the first artist's actual painting.
2. What does "fixed in a tangible medium of expression" mean?
A work is fixed when it is in a tangible form which would allow the work to be perceived, reproduced or otherwise communicated for a period of time. An example of a work that is fixed would be a painting on a canvas or a story on a notepad. An example of a work which is not fixed is a performance of a play provided that it is not recorded. (Note: while the performance of a play is not copyrightable, the documentation of the play is) (See 17 USC § 101.)
3. Who is eligible to obtain a Copyright?
Virtually anyone who creates a work which is fixed in a tangible medium is eligible to obtain Copyright. Problems arise, however, when the individual is creating work as part of his or her regular employment. The Copyright Law refers to such works as works for hire. Under the law, the author of a work for hire is considered to be the employer unless the employer and employee have made an agreement to the contrary. (17 USC § 201(b)) The work for hire doctrine is complex and fact dependent. Generally, a work is not a work for hire unless the employment is regular or there is a written contract. Most "free lance" arrangements do not give rise to works for hire.
4. What is the difference between protection through Copyright, Patent, Trademark or Servicemark?
Generally, all modes of protection involve the protection of property rights to information.
Copyright: Affords protection for expressions of authorship in literary, artistic musical and other works.
Patent: Affords protection for inventions and certain designs. There are two types of patents:
Utility Patent: covers functionality such as: new processes, machine, manufacture, composition of matter etc.
Design Patent: covers the ornamental nature of a useful object apart from its functionality.
Trademark: Identifies the source of goods via a name, brand, or symbol. Such is used by a business in order to distinguish its goods from others. Examples of trademarks include: the Quaker from Quaker Oats products, Oldsmobile, Sentra, Nutrasweet, the sweetener used in Equal (itself a trademark) and other products.
Servicemark: Protects a name which identifies a service provided. Examples of servicemarks are Citibank, ARA and The Philadelphia Phillies.
B. Protection of Copyright
1. When do I become protected by copyright?
This question is asked frequently. Some believe that protection begins only when the individual has registered his copyright in the Copyright Office in Washington. The truth is that copyright protection begins as soon as the work is fixed in a tangible medium of expression.
2. What am I being protected from?
The Copyright Law grants the copyright owner the exclusive rights in a particular work. Those rights include reproduction, distribution, performance etc. (as noted above and also found under 17 USC § 106) If another party should violate any of these rights without the Copyright owner's consent, this could be considered a copyright infringement. The Copyright owner may then seek to enforce his rights against the infringer through financial settlement or ultimately, through the Federal Courts.
3. What is "notice" and is it necessary?
Prior to the inception of the Berne Convention (an international agreement of which the US has agreed to be bound), which became effective March 1, 1989, notice was required to be affixed on all publicly distributed copies of the work. In general, notice consists of affixing the name of the copyright owner, the date of first publication of the work and the symbol ©, copr. or copyright.
For example: © 1990, Melissa Black.
Works created after March 1, 1989 are not required to provide notice to publicly distributed copies. However, it is strongly advised that the author/artist continue the practice of affixing notice to the work. This would place others on notice that the individual claims exclusive rights in the work and additionally provides leverage for the Copyright owner should he bring an infringement suit.
4. How long does my Copyright last?
For works that have been created after January 1, 1978 (when the 1976 Copyright Act became effective), the term is life of the author plus 70 years. 17 USC § 302(a). If the author shares a joint copyright with another author, the term is life of the last surviving author plus 70 years. (17 USC § 302(b)). For works for hire, the term is 95 years from the date of first publication or 120 years from the date of creation whichever expires first. (17 USC § 302(c)). Works which have been created prior to January 1, 1978 are governed by the Old Act of 1909. To determine the appropriate duration of a work created prior to January 1, 1978, it is advised that the individual consult someone experienced in copyright law or call the Copyright Office in Washington, D.C at (202) 707-3000.
C. Registration and Deposit of the work.
1. Do I have to register my work in the Copyright Office?
The general rule concerning registration is that the author does not need registration in order to be protected by the Federal Copyright Law. However, registration is strongly suggested. It not only puts others on notice that the author claims a right in his work, it also preserves the right of the author/artist to recover statutory damages and attorneys fees in an infringement suit. (17 USC § 412). Furthermore, registration is required prior to bringing an infringement suit.
2. When should I Register?
The law is quite liberal concerning registration requirements. An author/artist may register at anytime during the subsistence of the copyright. It is strongly suggested that registration be completed shortly after the work is fixed. This will afford ultimate protection to the owner of the work and preserve their rights in the recovery of certain damages as noted above and preclude the opposing party from claiming that he didn't know that someone owned rights in the particular work. (17 USC § 408 and 412).
3. What are the requirements of registration?
Generally, the artist/author must deposit one or two copies of the work in the Copyright Office with an application fee of $30. To determine how many copies must be sent, the artist/author should consult with an expert on Copyright or the Copyright Office. Further requirements are listed within the Copyright statute 17 USC § 408.
4. What does deposit of work mean?
Generally, there are two deposit requirements which are necessary for obtaining copyright. First, there is a deposit requirement for registration of the copyright. Practically speaking, this deposit requirement provides a means of identification of the work as being created by the author. Second, there is a deposit requirement in the Library of Congress in Washington, D.C. for purposes of building up the collection. These deposit requirements are related and both may be satisfied by making a single deposit through the registration process.
D. How to register a copyright.
1. How do I register?
The first thing you do is procure the appropriate registration forms from the Copyright Office. There are five types of forms that the majority of individuals use:
Application Form VA: This form would be used if the work intended for registration was "pictorial, graphic, applied art, photographs, prints and art reproduction, maps globes, charts, technical drawings, diagrams and models".
Application Form TX: This form would be used if the work intended for registration was "published or unpublished non-dramatic literary works, excluding periodicals or serial issues." For example: textbooks, poetry, directories, and computer programs.
Application Form SE: This form would be used if the work intended for registration was an "individual issue of a serial." A serial is a work that is intended to be issued in successive parts indefinitely.
Application Form PA: This form would be used if the work intended for registration was a "published or unpublished work of performing arts." Included in this category would be works that would be performed for an audience either directly or indirectly. For example: musical works with accompanying lyrics, dramatic works with accompanying music, pantomimes and choreographic works an motion pictures or other audiovisual works.
Application Form SR: This form would be used if the work intended for registration was a "published or unpublished sound recording." Types of sound recordings include works that result from the fixation of a series of musical, spoken or other sounds, i.e. compact discs or cassette tapes etc.
Note: Further information concerning the appropriate forms to be used may be sought by calling the Copyright Office in Washington, D.C. (202) 707-3000. Additionally, if you know which forms you need, there is a forms hotline which is open 24 hours a day, 7 days a week at (202) 707-9100.
2. How much does it cost to register a copyright?
With each registration form there is a $30 non-refundable fee required.
3. Where can I get more information?
Further information may be sought by visiting the Copyright Office web site at
http://lcweb.loc.gov/copyright or by calling the Copyright Office directly at (202) 707-3000. A good publication which is available through the Copyright Office is called "Copyright Basics." The Copyright Office will send you a copy of this circular free of charge upon request. The Copyright office has also written over 93 other circulars which further explain Copyright Law. When making an inquiry, ask if there is a circular which would pertain to your question.
Another fine publication which is available through PVLA is,"Artist's Guide to Copyright, Patent and Trade Secret Law," by John W. Caldwell. Mr. Caldwell is a Philadelphia attorney who has expertise in the areas of copyright, patent and trade secret law. This publication is easy to read and very informative.
PVLA has other publications which examine Copyright Law. If you want information concerning these publications, please call (215) 545-3385 between the hours of 9-5 Mon.-Fri. or check out the copyright office web site.
