Page 20 - Intellectual Property Disputes

1114) and unfair competition (15 USC 1125[a]). The incidence of dilution suits has increased with the
advent of disputes concerning internet domain names.

Copyright Overview

The Copyright Act, contained within USC 17, protects original works of authorship fixed in any tangible
medium of expression (subject to certain restrictions related to works for hire), including the following
works:

• Literary works

• Musical works, including any accompanying words

• Dramatic works, including any accompanying music

• Pantomimes and choreography

• Pictorial, graphic, and sculptural works

• Motion pictures and other audio/visual works

• Software programs and applications

• Sound recordings

• Architectural works

Notice of copyright is shown as (a) either the symbol "©" or the word "Copyright" or "Copr.," (b) the
year of first publication, and (c) the name of the owner. Appending the notice of copyright is no longer
legally required in order to establish copyright protection in a work. However, if a notice of copyright is
present, it may afford certain benefits to the copyright owner, independent of the obvious deterrent
effect on potential infringement.

The Copyright Act treats copyrighted works as personal property. As a result, copyrights are
transferable, in whole or in part, by agreement. Rights under a copyright can be transferred under
exclusive and nonexclusive licenses.

The Registration Process

Federal copyright law pre-empts most state law copyright claims, except for pre-1972 sound recordings
that are not covered by the Copyright Act. The U.S. Copyright Office handles the registration of
copyrights in the United States. However, a copyright may exist automatically at the time of its creation.
An applicant for copyright registration must complete an application, submit one or more copies of the
work, and pay a fee. The U.S. Copyright Office examines the application to determine whether (1) the
subject matter can be copyrighted, and (2) all legal and formal requirements for a copyright have been
met.

Demonstration of originality is essential for copyright registration. For example, in Feist Publications,
Inc. v. Rural Telephone Service Co., Inc., 400 U.S. 340 (1991), the U.S. Supreme Court ruled that an
alphabetical listing of names and addresses in a white pages telephone directory did not evidence the

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