Copyrights – Definition, Objective, Terms, Rights, Registration, Transfer

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  • Copyright is a legal concept that grants creators exclusive rights to their original works. It emerged as a necessity with the advent of the printing press, which allowed for the mass reproduction of texts. Prior to this technological advancement, creators such as artists, musicians, and writers were primarily motivated by fame and recognition rather than financial gain. Consequently, the concept of copyright was not a significant concern.
  • The fundamental purpose of copyright is to protect the interests of authors by granting them specific rights over their creations. This includes the right to control who may reproduce, distribute, perform, or display their work. Additionally, it provides the creator with the ability to authorize or prevent the creation of derivative works based on the original. These rights are granted for a finite duration, after which the work enters the public domain and can be freely used by others.
  • In the United States, copyright law is governed by the Copyright Act of 1976, which has been amended several times to address evolving needs and technological advancements. This law outlines the criteria for copyright protection and specifies the rights afforded to copyright holders. Similarly, in India, the Copyright Act of 1957 regulates copyright issues, with the latest amendment enacted in 2012.
  • Overall, copyright functions as an exclusionary right, emphasizing the protection of the creator’s control over their work. This legal framework is designed to incentivize creativity by ensuring that creators can reap the benefits of their intellectual efforts while also fostering a rich cultural and artistic environment.

Copyright is a legal right that grants creators exclusive control over the use, reproduction, distribution, and performance of their original works for a limited time.

Exclusive copyright rights encompass a set of specific entitlements granted to the copyright owner. These rights enable the owner to control various aspects of their work. They include:

  • The Right to Reproduce (Copy) the Work: This right allows the copyright holder to make copies of their work or authorize others to do so. It is fundamental for preventing unauthorized duplication.
  • The Right to Prepare Derivative Works: This right grants the owner control over the creation of new works based on the original, such as adaptations or modifications. This ensures that only the copyright holder can authorize transformations of their work.
  • The Right to Distribute Copies of the Work: This entitlement enables the owner to control the distribution of copies to the public, whether through sale, transfer, or other means.
  • The Right to Perform the Work: This right allows the copyright holder to control public performances of their work, including live performances or through digital media.
  • The Right to Display the Work: This right pertains to the public display of the work, such as in galleries, exhibitions, or online platforms.

The Copyright Act of 1957 is a key piece of legislation that governs the protection of creative works in India. It provides a legal framework for regulating how the works of authors, artists, and other creators are used. This act covers various aspects of copyright, including the reproduction, distribution, modification, and public display of creative works.

Key components of the Copyright Act of 1957 include:

  • Regulation of Use: The act establishes the rights of creators over their works. This includes the ability to control who may copy, distribute, alter, or display their creations. The act ensures that creators have exclusive rights to their work unless a contract specifies otherwise.
  • Scope of Protection: The act extends protection to a wide range of works, including literary, artistic, dramatic, and musical works. However, it does not cover certain elements such as titles, names, short phrases, slogans, methods, plots, or factual information. These elements are generally not eligible for copyright protection.
  • Creator’s Rights: Under the act, unless specified differently in a contract, the creator of a work retains the copyright. This means that the author or artist has the exclusive right to authorize or prevent the use of their work by others.

Copyright is essential for several reasons, all of which center around protecting and incentivizing the creation of original works. The primary needs for copyright protection include:

  • Exclusive Rights to Reproduce and Alter: Copyright provides creators with the exclusive right to reproduce or copy their work. It also allows them to alter or adapt their work into different forms. This exclusivity is crucial for ensuring that creators can control how their work is used and prevent unauthorized reproductions or modifications.
  • Public Notification of Ownership: By registering a work, a creator publicly declares their ownership. This registration acts as a formal notice to others that the work is protected by copyright, which helps to deter unauthorized use and infringement.
  • Legal Recourse and Financial Compensation: In the event of copyright infringement, having registered copyright allows creators to seek legal remedies. If successful in an infringement lawsuit, the copyright holder is entitled to monetary damages. This financial protection serves as a deterrent to potential infringers and helps to compensate the creator for losses incurred.

Indian Perspective on Copyright Protection

In India, copyright protection is governed by the Copyright Act of 1957, which provides several layers of protection for authors. The act establishes two main types of rights:

  • Economic Rights of the Author: These rights allow the author to control and benefit economically from the use of their work. This includes rights to reproduction, distribution, and public performance.
  • Moral Rights of the Author: These rights focus on the personal and reputational aspects of the creator’s work. They include:
    • Right of Paternity: The right to be identified as the author of the work.
    • Right of Integrity: The right to prevent alterations that could harm the creator’s reputation or the work’s integrity.

The term of copyright refers to the duration for which a creator’s work is protected under copyright law. This duration varies based on the type of work and other factors. The following outlines the general terms of copyright protection:

  • Literary, Dramatic, Musical, or Artistic Works: For works other than photographs, the copyright protection lasts for the lifetime of the author plus 60 years. Therefore, if an author is alive, copyright protection extends throughout their lifetime and continues for 60 years after their death.
  • Photographs, Cinematograph Films, and Sound Recordings: The term of copyright for these works is 60 years from the date of publication. This applies regardless of the creator’s lifespan, providing a fixed duration of protection.
  • Works Created by Government or Public Undertakings: When the first owner of the copyright is a government entity or a public undertaking, the copyright term is 60 years from the date of publication. This ensures that works created by such entities are protected for a significant period.

The term of copyright is crucial as it defines the period during which the creator holds exclusive rights to their work. These rights include reproduction, distribution, public performance, and adaptation, among others. After the copyright term expires, the work enters the public domain and can be freely used by others without restriction.

Originality of Material

To qualify for copyright protection, material must meet certain criteria of originality. The key requirements are as follows:

  1. Independently Created: The work must be created independently by the author, meaning it is not copied from another source. This requirement ensures that the material reflects the author’s own creative effort.
  2. Possession of Creativity: The work must exhibit a minimum level of creativity. This does not mean the work needs to be novel or aesthetically valuable, but it should show some degree of original thought or expression.
  3. Exclusion of Mere Copying: Originality does not equate to novelty. A work can be original even if it resembles other works closely, as long as it is the result of the author’s independent creation rather than copying. For instance, two poets who create identical poems independently, without knowledge of each other’s work, both produce original works despite their similarity.
  4. Fixation Requirement: Originality alone is not sufficient. The work must also be fixed in a tangible medium of expression. This means the work should be embodied in a material object that allows it to be perceived, reproduced, or communicated for more than a fleeting duration. Fixation can occur in various forms such as copies or phonorecords.
  5. Works of Authorship: According to the Copyright Act, original works of authorship include literary, dramatic, musical, and artistic works, among others. These works must be fixed in any tangible medium to be eligible for protection. The Act specifies eight categories of protectable works, including literary works, musical works, and sound recordings.

The process of applying for copyright registration involves specific procedures and requirements, aimed at formally recognizing and protecting intellectual property. Below is a detailed outline of the application process:

  1. Eligible Applicants:
    • Author: The individual who created the work, or, in cases of works made for hire, the employer or commissioning party.
    • Copyright Claimant: This can be the author or an entity that has acquired ownership of all the copyright rights from the original author, such as a transferee.
    • Owner of Exclusive Rights: This includes individuals or entities who have obtained exclusive rights to the work, such as those creating derivative works based on the original.
    • Duly Authorized Agent: An attorney, trustee, or any individual authorized to act on behalf of the author, claimant, or owner of exclusive rights.
  2. Application Forms:
    • The Copyright Office provides specific forms tailored to different types of works. Each form is an 8½ by 11-inch sheet, printed on both sides. Applicants may use photocopies of these forms.
    • Form TX: For literary works, including essays, poetry, textbooks, reference works, catalogs, advertising copy, compilations, and computer programs.
    • Form PA: For pantomimes, choreographic works, operas, motion pictures, audiovisual works, musical compositions, and songs.
    • Form VA: For visual arts, such as puzzles, greeting cards, jewelry designs, maps, original prints, photographs, posters, sculptures, drawings, and architectural plans.
    • Form SR: For sound recordings.
    • Form SE: For periodicals, newspapers, magazines, newsletters, annuals, and journals.
  3. Notice of Copyright:
    • Since March 1, 1989, following the U.S. adherence to the Berne Convention, the use of a copyright notice (© symbol, year of first publication, and copyright owner’s name) is no longer mandatory. However, it remains advisable as it provides certain benefits.
    • For works published before January 1, 1978, under the 1909 Copyright Act, omission of a copyright notice resulted in the permanent loss of copyright protection in the U.S.
    • For works published between January 1, 1978, and March 1, 1989, omission of the notice was generally excused if it appeared on a smaller number of copies, registration was completed within five years of publication, and reasonable efforts were made to correct the omission.
  4. International Copyright Law:
    • Advances in technology and electronic publishing have introduced new challenges and opportunities in copyright law.
    • Issues include the protection of digital works, computer programs, and automated databases.
    • The Digital Millennium Copyright Act (DMCA) addresses copyright issues in the electronic age, including digital rights management and anti-circumvention provisions.

Copyright law provides protection to a variety of creative works, granting authors and creators exclusive rights to their creations. This protection is applicable to specific categories of works, each of which must meet certain criteria for copyright eligibility. Below is a detailed overview of the types of works protected under copyright law:

  1. Literary Works:
    • Definition: Includes written works such as books, articles, essays, poems, and other text-based creations.
    • Examples: Novels, short stories, research papers, and computer programs.
  2. Musical Works:
    • Definition: Encompasses compositions that include both musical notes and accompanying lyrics.
    • Examples: Songs, musical scores, and instrumental compositions.
  3. Dramatic Works:
    • Definition: Refers to works intended for performance, including scripts, plays, and screenplays. This category can include accompanying music.
    • Examples: Theatrical plays, screenplays, and teleplays.
  4. Pantomimes and Choreographic Works:
    • Definition: Covers works of dance and mime, provided they are fixed in a tangible form.
    • Examples: Dance routines, choreographed performances, and mime sequences.
  5. Pictorial, Graphic, and Sculptural Works:
    • Definition: Includes visual arts such as paintings, drawings, sculptures, and graphic designs.
    • Examples: Paintings, drawings, photographs, sculptures, and architectural plans.
  6. Motion Pictures and Other Audiovisual Works:
    • Definition: Encompasses works that consist of a series of images intended to be shown in sequence, including films and videos.
    • Examples: Movies, television shows, and online video content.
  7. Sound Recordings:
    • Definition: Refers to the fixation of sounds, including music, spoken words, and other audio recordings.
    • Examples: Music albums, audiobooks, and podcasts.
  8. Architectural Works:
    • Definition: Includes designs for buildings and other structures, provided they are fixed in a tangible form.
    • Examples: Architectural blueprints, building plans, and design drawings.

The transfer of copyright involves the legal process through which the ownership or rights associated with a copyrighted work are conveyed from one party to another. This process is critical in intellectual property management, as it enables creators, publishers, and other stakeholders to assign or license their rights to others. Below is a detailed explanation of how copyright transfer operates, including key considerations and mechanisms involved:

  1. Assignment of Copyright:
    • Definition: An assignment is a formal transfer of ownership rights from the original copyright holder to another person or entity.
    • Requirements: The assignment must be in writing and signed by the copyright owner to be valid. This written agreement specifies the scope and terms of the transfer.
    • Effect: The assignee, or new owner, obtains all the rights previously held by the assignor, including the right to reproduce, distribute, and display the work.
  2. Licensing of Copyright:
    • Definition: Licensing involves granting permission to use the copyrighted work while retaining ownership. It can be exclusive or non-exclusive.
    • Exclusive License: Provides the licensee with rights that are not shared with others, often used to grant significant rights or control.
    • Non-Exclusive License: Allows the copyright owner to grant similar rights to multiple licensees.
    • Requirements: While oral licenses can be valid, a written agreement is recommended to clearly define the terms and scope of usage.
  3. Work Made for Hire:
    • Definition: In works made for hire, the employer or commissioning party is considered the author and thus the copyright owner, rather than the individual who created the work.
    • Conditions: This applies to works created by employees within the scope of their employment or to certain commissioned works if a written agreement specifies that the work is made for hire.
    • Implication: The employer or commissioning party holds the copyright from the moment of creation, bypassing the need for a formal transfer.
  1. Scope of Transfer:
    • Explicit Terms: The transfer agreement should clearly define the rights being transferred, including specific rights such as reproduction, distribution, and public performance.
    • Duration and Territory: Agreements should specify the duration of the rights granted and the geographical areas where the rights apply.
  2. Moral Rights:
    • Definition: Moral rights include the right to attribution and the right to integrity, allowing authors to protect the personal connection to their works.
    • Transfer Limitations: In many jurisdictions, moral rights are not transferable or can only be waived under specific conditions. These rights remain with the author even after the economic rights have been transferred.
  3. Legal Requirements:
    • Written Agreements: For assignments and certain licenses, a written agreement is necessary to be legally binding and enforceable.
    • Registration: While not required for the transfer of copyright itself, registering the transfer with the U.S. Copyright Office can provide public notice and help in enforcing the rights.
  4. International Considerations:
    • Jurisdictional Variations: Copyright laws vary between countries, affecting how transfers are managed and enforced. International agreements and treaties, such as the Berne Convention, provide frameworks for recognizing and enforcing copyright across borders.
  5. Revocability:
    • Conditions: Transfers of copyright are generally irrevocable unless specified otherwise in the agreement. However, certain licenses may include provisions for termination or modification under specific conditions.

The transfer of copyright can provide significant benefits to both copyright holders and transferees. These advantages are crucial for effective management, commercialization, and utilization of intellectual property. Below are some key advantages associated with transferring copyright:

For the Copyright Holder

  1. Monetary Gain:
    • Revenue Generation: Transferring copyright can lead to substantial financial rewards through upfront payments, royalties, or licensing fees. This is especially advantageous for creators seeking immediate compensation for their works.
    • Capital Investment: Financial gains from copyright transfer can be reinvested in further creative projects or other business ventures, facilitating growth and innovation.
  2. Focus on Creative Work:
    • Delegation of Rights: By transferring rights to publishers, producers, or other entities, copyright holders can concentrate on their creative activities without the burden of managing commercial aspects and distribution.
    • Professional Expertise: Transferees often possess specialized knowledge and resources that can enhance the commercial success and reach of the copyrighted work.
  3. Increased Exposure:
    • Wider Distribution: Transfer agreements with established publishers or production companies can result in broader distribution and visibility of the work, reaching larger audiences and markets.
    • Enhanced Promotion: Professional entities typically have access to marketing and promotional tools that can elevate the work’s profile and success.
  4. Risk Management:
    • Risk Sharing: Transferring rights can shift financial and legal risks associated with the work to the transferee, reducing the copyright holder’s liability and exposure.
    • Liability Reduction: The transferee assumes responsibility for potential legal issues, such as infringement claims, related to the use and distribution of the work.

For the Transferee

  1. Control and Utilization:
    • Exclusive Rights: Acquiring copyright provides the transferee with exclusive rights to reproduce, distribute, and display the work, offering control over how it is used and monetized.
    • Strategic Use: The transferee can integrate the work into larger projects, create derivative works, or use it to enhance their business offerings.
  2. Revenue Potential:
    • Commercial Exploitation: Owning the copyright allows the transferee to exploit the work commercially, generating revenue through sales, licensing, or other means.
    • Profit Maximization: Control over the work enables the transferee to maximize profitability by setting pricing, licensing terms, and distribution strategies.
  3. Market Positioning:
    • Competitive Edge: Acquiring popular or high-quality copyrighted works can enhance the transferee’s market position, differentiating their products or services from competitors.
    • Brand Strengthening: Ownership of notable works can bolster the transferee’s brand reputation and credibility within the industry.
  4. Creative Freedom:
    • Adaptation and Innovation: The transferee can adapt, modify, or build upon the original work, fostering creativity and innovation in new projects or products.
    • Expanded Offerings: The ability to create derivative works or integrate the copyrighted material into new contexts provides opportunities for expanding product lines or services.
  5. Legal Protection:
    • Exclusive Rights: The transferee gains legal protection against unauthorized use or reproduction of the work, safeguarding their investment and interests.
    • Enforcement: Ownership of copyright provides the transferee with the right to enforce the terms of the transfer agreement and take legal action against infringement.

While the transfer of copyright can offer numerous benefits, it also comes with several limitations and potential drawbacks. Understanding these limitations is crucial for both copyright holders and transferees to navigate the complexities of copyright law effectively. Below are key limitations associated with the transfer of copyright:

For the Copyright Holder

  1. Loss of Control:
    • Reduction in Creative Authority: Once copyright is transferred, the original creator may lose control over how their work is used, modified, or adapted. This can limit their ability to oversee the work’s application and ensure it aligns with their vision.
    • Limited Input on Derivative Works: The copyright holder may have no say in the creation of derivative works, which could alter the original work in ways that do not align with their intent.
  2. Potential Financial Loss:
    • One-Time Payment: In some cases, copyright holders may receive a lump sum payment rather than ongoing royalties, potentially limiting long-term financial gains from the work.
    • Missed Future Earnings: Transferring copyright may forgo future revenue opportunities, such as additional licensing deals or adaptations, which could have been lucrative.
  3. Irreversibility:
    • Permanent Transfer: Depending on the terms of the agreement, copyright transfer can be permanent, meaning the original holder cannot reclaim the rights without renegotiating or obtaining them back from the transferee.
  4. Legal and Administrative Burden:
    • Complex Negotiations: Negotiating the terms of a copyright transfer can be complex and may require legal assistance, adding to the administrative burden and potential costs for the copyright holder.

For the Transferee

  1. Ongoing Obligations:
    • Compliance with Terms: The transferee must adhere to the terms of the transfer agreement, including any conditions or restrictions imposed by the original copyright holder.
    • Maintenance of Rights: The transferee is responsible for managing and protecting the transferred rights, including addressing any infringement issues or legal challenges.
  2. Risk of Disputes:
    • Potential for Legal Disputes: Disputes may arise over the scope of the transfer, ownership rights, or breaches of the agreement. Legal conflicts can be costly and time-consuming to resolve.
    • Previous Rights and Claims: The transferee may face complications if the original copyright holder or third parties assert prior claims or rights related to the work.
  3. Limited Flexibility:
    • Restrictions on Use: The terms of the transfer agreement may impose limitations on how the work can be used or adapted, potentially constraining the transferee’s ability to fully exploit the work.
    • Contractual Constraints: The transferee must adhere to any contractual obligations outlined in the transfer agreement, which can limit their flexibility in making decisions regarding the work.
  4. Financial Investment:
    • Upfront Costs: Acquiring copyright may require a significant financial investment, including purchase prices or licensing fees, which may impact the transferee’s budget and financial planning.
    • Ongoing Costs: There may be additional costs related to the maintenance, protection, and enforcement of the transferred rights.

General Limitations

  1. Scope of Transfer:
    • Incomplete Transfer: If the transfer agreement does not clearly define the scope of rights being transferred, there may be ambiguity about what rights the transferee actually holds.
    • Geographical Limitations: The transfer of copyright may be limited to specific jurisdictions or territories, potentially restricting the transferee’s ability to exploit the work globally.
  2. Impact on Moral Rights:
    • Moral Rights: In some jurisdictions, copyright transfers may not fully address the moral rights of the original creator, such as the right to attribution or the right to object to derogatory treatment of the work.
  3. Market Risks:
    • Uncertain Market Success: Even with transferred rights, the market success of the work is not guaranteed, and the transferee may face challenges in commercializing or promoting the work effectively.

Copyright infringement occurs when a copyrighted work is used, reproduced, or otherwise exploited without the permission of the copyright holder. This legal concept is central to copyright law and is designed to protect the exclusive rights of creators over their original works. Understanding the nuances of copyright infringement is essential for both copyright holders and those involved in the creation or distribution of works. Here is an overview of the key aspects of copyright infringement:

Definition and Elements of Infringement

To establish copyright infringement, certain elements must be proven:

  1. Existence of Copyright:
    • Valid Copyright: The work in question must be protected by a valid copyright. This typically means the work must be original, fixed in a tangible medium, and meet the criteria for copyright protection.
  2. Copying of Protected Work:
    • Unauthorized Reproduction: The infringer must have copied or reproduced the copyrighted work, either in part or in whole. This can include direct copying or creating a derivative work based on the original.
  3. Access and Substantial Similarity:
    • Access: It must be shown that the alleged infringer had access to the copyrighted work. This means the infringer had the opportunity to view or use the work before creating their own version.
    • Substantial Similarity: The copied work must be substantially similar to the original copyrighted work. This is assessed based on whether an ordinary person would recognize significant similarities between the two works.

Types of Infringement

Infringement can take various forms, depending on how the copyrighted work is used:

  1. Reproduction:
    • Unauthorized Copies: Making copies of the copyrighted work without permission constitutes infringement. This includes photocopying, scanning, or digital replication.
  2. Distribution:
    • Unauthorized Distribution: Distributing copies of the copyrighted work without authorization is a form of infringement. This can include selling, lending, or giving away copies.
  3. Public Performance:
    • Unauthorized Performance: Performing or displaying the copyrighted work publicly without permission, such as showing a movie in a public space or performing a song, can infringe on the copyright holder’s rights.
  4. Public Display:
    • Unauthorized Display: Displaying the copyrighted work in a public place, such as exhibiting artwork or showing photographs without permission, is also considered infringement.
  5. Creation of Derivative Works:
    • Unauthorized Adaptations: Creating a new work based on the copyrighted work, such as a translation, adaptation, or sequel, without authorization, infringes on the copyright holder’s right to create derivative works.

Several defenses can be raised in response to allegations of copyright infringement:

  1. Fair Use:
    • Purpose and Character: Uses deemed “fair” under copyright law include criticism, comment, news reporting, teaching, scholarship, or research. The determination involves assessing whether the use is transformative and adds new expression or meaning to the original work.
  2. First Sale Doctrine:
    • Resale Rights: Once a copyrighted work is lawfully sold or transferred, the copyright holder’s control over its resale is limited. This doctrine allows individuals to resell or lend their copy without infringing copyright.
  3. Public Domain:
    • Expired Copyright: Works that are in the public domain are not protected by copyright and can be used freely. This includes works for which copyright has expired or works explicitly released into the public domain by their creators.
  4. Lack of Substantial Similarity:
    • Originality Defense: If it can be proven that the allegedly infringing work is not substantially similar to the copyrighted work, the claim of infringement may be rebutted.
  5. License or Permission:
    • Authorized Use: If the defendant can show that they had permission or a license to use the copyrighted work, this can serve as a defense against claims of infringement.

When copyright infringement is proven, several remedies may be available to the copyright holder:

  1. Injunctions:
    • Preventive Relief: Courts may issue injunctions to prevent further infringement. This includes orders to stop the infringing activity and to cease distribution of the unauthorized copies.
  2. Damages:
    • Compensatory and Statutory: Copyright holders may seek damages for the harm caused by the infringement. This can include actual damages (based on lost profits) or statutory damages (fixed amounts set by law).
  3. Destruction of Infringing Copies:
    • Seizure and Destruction: Courts may order the destruction or confiscation of infringing copies or materials used to create them.
  4. Attorney’s Fees and Costs:
    • Legal Expenses: In some cases, the prevailing party may be awarded attorney’s fees and litigation costs.

Fun Facts

  1. Did you know copyright protection begins the moment an original work is fixed in a tangible form, such as writing it down or recording it?
  2. Can you believe that in the United States, the copyright term lasts for the life of the author plus 70 years?
  3. Did you know that works for hire, such as those created by employees within the scope of their job, have a copyright term of 95 years from publication or 120 years from creation, whichever comes first?
  4. Have you heard that while copyright registration is not mandatory, it provides significant legal benefits, including the ability to sue for statutory damages?
  5. Did you know that the concept of “fair use” allows limited use of copyrighted material without permission for purposes like criticism, commentary, and education?
  6. Can you imagine that works enter the public domain once their copyright term expires, making them free for anyone to use?
  7. Did you know that the doctrine of “derivative works” means you need permission from the copyright holder to create adaptations or new versions of their work?
  8. Have you heard that copyright infringement occurs when copyrighted material is used without authorization, which can include unauthorized reproduction or distribution?
  9. Did you know international treaties like the Berne Convention help protect copyrights across member countries, ensuring some level of protection globally?
  10. Can you believe that some jurisdictions recognize “moral rights,” which protect an author’s personal and reputational interests, such as the right to attribution?
  11. Did you know that the creator of a work for hire is not typically the copyright holder—the employer or commissioning party usually holds the rights instead?
  12. Have you heard that copyright holders can license their works to others, allowing specific uses while retaining ownership?
  13. Did you know that while copyright protection is territorial, meaning it is typically enforced within the borders of the country where it is granted, international agreements provide a framework for cross-border protection?
  14. Can you imagine that registering a copyright with the U.S. Copyright Office involves submitting a completed application form, a filing fee, and a deposit of the work?
  15. Did you know that copyright protection extends to various types of creative works, including literary, musical, dramatic, and artistic works, as well as sound recordings and architectural designs?

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