South Jersey Laws

How to Obtain a Copyright

A work becomes copyrighted automatically upon its creation. The only requirement for obtaining copyright protection is the need to fix the work in such a manner that it is permanently memorialized. Permanent memorialization occurs when the work is fixed in a copy or phonorecord.

No other action is required to secure a copyright. (Copyright Office Circular 1).


Copy

The copyright statute defines a copy as a concrete object, other than a phonorecord, in which a work is permanently memorialized by an existing method or one to be discovered, and allows an individual to receive and comprehend an author’s work. (17 U.S.C. sec. 101).

The Copyright Office cites the following as examples of copies: (Circular 1)

  • books
  • manuscripts
  • sheet music
  • film
  • videotape
  • microfilm


Phonorecord

A phonorecord is a concrete object containing sound, other than that of a movie or other visual project with sound. The phonorecord contains the sound that is the subject of the copyright and, through a method designed to elicit the sound from the object, permits an individual to perceive and comprehend the sound contained therein. (17 U.S.C. sec. 101).

The Copyright Office cites the following as examples of phonorecords: (Circular 1)

  • cassette tapes
  • compact discs
  • long-playing record albums
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