The American Legal System is Based on The Concept of Intellectual Property Rights that Date Back to Colonial Times
When most people think of copyright, they think of the modern-day laws that protect creative works like books, music, and movies. But the history of copyright in the United States goes back much further than that.
Congress passed the first copyright law in the United States in 1790. This law only protected maps and charts for a term of 14 years. In 1831, Congress extended copyright protection to include books and increased the duration of protection to 28 years. In 1870, Congress amended the law to cover all “original works of authorship.”
Since then, the scope of copyright has been expanded several times. In 1976, Congress passed the Copyright Act of 1976, which made a number of changes to copyright law, including the introduction of a “fair use” doctrine. This doctrine allows for the limited use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
The Copyright Act of 1976 also established the concept of “works made for hire,” which are works created by an employee as part of their job, or works that are commissioned and owned by the person who commissioned them.
The law also increased the duration of the copyright to the creators life plus 50 years, and extended protection to unpublished works.
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which updated copyright law for the digital age. The DMCA made it illegal to circumvent technological measures that control access to copyrighted works (such as digital rights management, or DRM).
The DMCA has been controversial, with some arguing that it goes too far in protecting the interests of copyright holders, and others arguing that it doesn’t do enough to protect the rights of consumers and creators.
How Do Current Copyright Laws Protect Photographers?
Currently, copyright law gives photographers a number of rights. These include the right to reproduce their work, the right to prepare derivative works, the right to distribute copies of their work, and the right to publicly display their work.
Photographers also have the exclusive right to control who can use their work and for what purpose. This means that if someone wants to use a copyrighted photo, they need to get the photographer’s permission first.
There are some limitations on these rights. For example, the “fair use” doctrine allows for the limited use of copyrighted material without the photographer’s permission. Fair use is typically allowed for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
What are the Requirements to Obtain a Copyright?
In order for a work to be eligible for copyright protection, it must meet three requirements: it must be original, it must be a creative work, and it must be fixed in a tangible medium.
Originality
To be eligible for copyright protection, a work must be original. This means that it must have been created by the author, and it cannot be a copy of another work.
Creativity
To be eligible for copyright protection, a work must be creative. This means that it must show some level of creativity or originality. Simply put, it can’t just be a list of facts or a reproduction of another work.
Fixed in a Tangible Medium
To be eligible for copyright protection, a work must be fixed in a tangible medium. This means that it must be stored in some physical way, such as on a disk, in a file, or on paper. A work that is not fixed in a tangible medium is not eligible for copyright protection.
What Happens If Someone Else Uses Your Copyrighted Photo Without Permission?
If someone uses your copyrighted photo without permission, they may be infringing on your copyright. This means that they could be liable for damages, and you could take them to court.
However, it’s important to note that not all unauthorized use of a copyrighted work is considered infringement. For example, if someone uses a small portion of your photo in a larger work (such as a collage), this may be considered “fair use” and not infringement. There is no clear cut answer on fair use, and it is analyzed by the court as to whether a use falls within the boundaries of fair use or a copyright violation. You can learn more about fair use doctrine on our page found here.
If you believe that someone has infringed on your copyright, you can contact our copyright lawyers to discuss your options. The attorneys at Sanders Law Group have extensive experience in copyright matters and can help you protect your rights, seeking to recover compensation for you based on the other party’s violations.
Call our attorneys today at 888-348-3090.
