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Copyright is a legal concept enacted by most national governments that gives the creator of an original work exclusive rights to it, usually for a limited period of time. At its most general, it is literally "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who (if anyone) can perform it or adapt it to other forms, to benefit financially from the work, and other related rights. It is one form of intellectual property (distinct from patents, trademarks, and trade secrets), and applies to any particular expression of an idea or information, which is substantial and self-contained in a fixed form.

The symbol for copyright is "©". The letter C inside parentheses, "(c)", although a common practice, has never been legally recognized as a symbol for copyright.

[edit] Scope
Copyright may apply to a wide range of creative, intellectual, or artistic forms or "works". These include poems, theses, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live and other performances, and, in some jurisdictions, industrial designs. Graphic designs or industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright is one of the concepts covered by the umbrella term intellectual property.

Copyright does not cover ideas or information themselves, only the form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but doesn't prohibit the creation of other works about anthropomorphic mice in general, so long as they're different enough to not be judged copies of Disney's. In many jurisdictions, copyright law makes exceptions to these restrictions for the purpose of commentary and other related uses (See Fair Use, Fair Dealing). Other laws may impose legal restrictions which copyright does not - such as trademarks and patents.

Copyright laws are standardized somewhat through international conventions such as the Berne Convention which have been ratified by most countries, and are required by international organizations such as European Union or World Trade Organization from their member states.

[edit] Theoretical basis
The legislative acts which originally established copyright law as it is known today, cited two fundamental justifications for it: 1) to benefit society by promoting the creation of new works, and 2) to protect the moral rights of the creators of these works.

For example, the Copyright Clause of the United States Constitution (1787) authorized copyright legislation: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as a whole.

The Statute of Anne (1709) also alluded to individual moral rights, beginning: "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing... Books, and other Writings, without the Consent of the Authors... to their very great Detriment, and too often to the Ruin of them and their Families:..."[1] A right to benefit financially from the work is articulated, and court rulings and legislation have recgonized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright law. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright to the life of the creator and beyond, to his heirs.

[edit] History
Main article: History of copyright law
Copyright was invented after the advent of the printing press and with wider public literacy. As a legal concept, its origins in Britain were from a reaction to printers' monopolies at the beginning of the eighteenth century. Charles II of England was concerned by the unregulated copying of books and used the royal prerogative to pass the Licensing Act of 1662, which established a register of licensed books and required a copy to be deposited with the Stationers Company, essentially continuing the licensing of material that had long been in effect. The Statute of Anne was the first real copyright act, and gave the publishers rights for a fixed period, after which the copyright expired. Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, films, photographs, software, and architectural works.

[edit] The Berne Convention
The 1886 Berne Convention first established recognition of copyrights among sovereign nations, rather than merely bilaterally. Under the Berne Convention, copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention.

The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act of 1988. The USA did not sign the Berne Convention until 1989.

The regulations of the Berne Convention are incorporated into the World Trade Organization's TRIPS agreement, thus making the Berne Convention practically world-wide.

[edit] Obtaining and enforcing copyright
Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some 'skill, labour and judgment' that has gone into it.[2] However, even fairly trivial amounts of these qualities are sufficient for determining whether a particular act of copying constitutes an infringement of the author's original expression. In Australia and the United Kingdom it has been held that a single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead.

Copyright law recognises the right of an author based on whether the work actually is an original creation, rather than based on whether it is unique; two authors may own copyright on two substantially identical works, if it is determined that neither was copied from the other. Copyright tries to avoid such situations by applying a test of the degree of substantiality of the originality of the work: a work which is trivial and would be easy to incidentally and accidentally replicate without an intention to copy, may not be copyrighted.

In the United States, copyright has been made automatic (in the style of the Berne Convention) since March 1, 1989, which has had the effect of making it appear to be more like a property right. Thus, as with some forms of personal property, a copyright need not be granted or obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape or a letter), the copyright holder is entitled to enforce his or her exclusive rights. However, while a copyright need not be officially registered for the copyright owner to begin exercising his or her exclusive rights, registration of works (where the laws of that jurisdiction provide for registration) does have benefits; it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees (whereas in the USA, for instance, registering after an infringement only enables one to receive actual damages and lost profits). The original holder of the copyright may be the employer of the actual author rather than the author himself if the work is a "work for hire". Again, this principle is widespread; in English law the Copyright Designs and Patents Act 1988 provides that where a work in which copyright subsists is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire."

Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement statutes. While central registries are kept which aid in proving claims of ownership, registering ownership is not ipso facto proof of ownership, nor is copying (even without permission) ipso facto proof of infringment of copyright. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the RIAA are, more and more, targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court for several thousand dollars. (See: File sharing and the law)

[edit] Copyright notices in the U.S.
Prior to 1989, use of a copyright notice — consisting of the copyright symbol (©, the letter C inside a circle), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder — was part of United States statutory requirements.[3][4] Several years may be noted in the case of multiple completion dates - e.g., in the case of ongoing editing. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle), which indicates a sound recording copyright.

In 1989, the U.S. enacted the Berne Convention Implementation Act, amending the 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic.[5] However, notice of copyright (using these marks) may have consequences in terms of reduced damages in an infringement lawsuit.[6]

The phrase All rights reserved was once a necessary formal notice indicating all rights granted under existing copyright law are retained by the copyright holder and that legal action may be taken against copyright infringement. It was provided as a result of the Buenos Aires Convention of 1910, which required some statement of reservation of rights to grant international coverage in all the countries that were signatory to that convention. While it is commonplace to see it, this notice is now superfluous, as every country that is a member of the Buenos Aires Convention is also a member of the Berne Convention, which holds a copyright to be valid in all signatory states without any formality of notice. This phrase is sometimes still used even on some documents to which the original author does not retain all rights granted by copyright law, such as works released under a copyleft license. It is, however, only a habitual formality and is unlikely to have legal consequences.

Absence of a copyright notice does not mean that the work is not covered by copyright. The creator of an original work instantaneously possesses its copyright when that work is created through "mental labor" and "fixed" in tangible form. Thus, a natural copyright exists from the time a work is invented or created, regardless of whether it has been registered with a particular Copyright Office.

Since all countries have separate copyright laws, there is no such thing as an "international copyright". The Berne Convention, however, makes the copyright automatic in each signatory. Should copyright infringement litigation ensue, registration with the U.S. Copyright Office may affect the outcome.[citation needed]

[edit] "Poor man's copyright"
A widely circulated strategy to avoid the cost of copyright registration is referred to as the "poor man's copyright". It proposes that the creator send the work to himself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized by any United States court, and is dismissed as meaningless by the United States Copyright Office. However, the UK Patent Office suggests it as one method of proving the originality of a work as of the postmark date.[7]

[edit] Exclusive rights
Several exclusive rights typically attach to the holder of a copyright:

to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
to import or export the work
to create derivative works (works that adapt the original work)
to perform or display the work publicly
to sell or assign these rights to others
to transmit or display by means of digital audio transmission (XM Satellite Radio, Sirius)
The phrase "exclusive right" means that only the copyright holder is free to exercise the attendant rights, and others are prohibited using the work without the consent of the copyright holder. Copyright is often called a "negative right", as it serves to prohibit people (e.g., readers, viewers, or listeners, and primarily publishers and would be publishers) from doing something, rather than permitting people (e.g., authors) to do something. In this way it is similar to the unregistered design right in English law and European law. The rights of the copyright holder also permit him/her to not use or exploit their copyright for its duration. This means an author can choose to exploit their copyright for some of the duration and then not for the rest, vice versa, or entirely one or the other.

There is, however, a critique which rejects this assertion as being based on a philosophical interpretation of copyright law, and is not universally shared. There is also debate on whether copyright should be considered a property right or a moral right. Many argue that copyright does not exist merely to restrict third parties from publishing ideas and information, and that defining copyright purely as a negative right is incompatible with the public policy objective of encouraging authors to create new works and enrich the public domain.

The right to adapt a work means to transform the way in which the work is expressed. Examples include developing a stage play or film script from a novel; translating a short story; and making a new arrangement of a musical work.

[edit] Limits and exceptions to copyright
Main article: Limitations and exceptions to copyright

[edit] Idea-expression dichotomy and the merger doctrine
Main article: Idea-expression divide
Immanuel Kant in his 1785 essay Von der Unrechtmäßigkeit des Büchernachdrucks distinguishes the physical from the ideational, the thought involved from the book. This distinction is of critical importance to the near constant wrangling between publishers, other intermediaries, and the original, creative authors.

Copyright usually protects the expression of an idea, not the idea itself — in US jurisprudence this is called the idea/expression or fact/expression dichotomy. For example, if a writer has a general concept or idea for a television program, the law of copyright does not prohibit other writers from copying that general idea. However, if the writer develops the idea so that it constitutes a detailed storyline or plot, then that may be protected by copyright, notwithstanding that it is "idea" rather than "expression". Similarly, the translation of a literary work will constitute an infringement of copyright, notwithstanding that no element of the "expression" is directly copied.