Unlike patents and trademarks that are administered by the USPTO, copyrights are administered by the Library of Congress. However, like patents and trademarks, a copyright<\/strong> gives its creator the exclusive right to their original work for a limited time. \u201cA copyright is a form of protection provided to the authors of \u2018original works of authorship\u2019 including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.\u201d Specifically, a copyright gives an owner \u201cthe exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.\u201d[footnote]\"Patents & Trademarks: Copyrights.\" Georgia Tech Library. Accessed June 12, 2019. http:\/\/libguides.gatech.edu\/c.php?g=53972&p=348360<\/a>[\/footnote]<\/p>\r\n How long a copyright lasts has been changed by Congress a few times over the years. Now, a copyrighted work created after January 1, 1978, is protected from when it was created and fixed into \u201ca tangible medium of expression\" for the length of the author\u2019s life plus 70 years. The copyright duration for works owned by a corporation (\u201cworks made for hire\u201d) is 95 years from first publication or 120 years from creation, whichever is shorter.[footnote]\"What is Copyright?\" United States Copyright Office. Accessed December 1, 2022. https:\/\/www.copyright.gov\/what-is-copyright\/[\/footnote] Technically, once a copyright expires, the work is referred to as being in the public domain. Public domain works can be used without obtaining permission or paying a fee.<\/p>\r\n One important distinction between copyrights and the kinds of IP that are protected by registration with the USPTO is that copyright protection is created as soon as the work is \"fixed in tangible form.\" A songwriter who gets some inspiration while at a coffee shop can do this by writing lyrics on their smartphone or even a paper napkin. An artist could fix their work in tangible form by making a painting, a sculpture, or a digital illustration. The copyright is created at the same time the work is. The main point is that there is no copyright protection for ideas in your head.<\/p>\r\n<\/section>\r\n The copyright protection exists even before you register your copyright. You don't have to register a copyright with the Library of Congress for the copyright to exist. But it does have to be registered if you want to start a lawsuit against someone who uses your work without permission.[footnote]U.S. Copyright Office. \u201cCopyright in General (FAQ).\u201d Accessed December 3, 2022. https:\/\/www.copyright.gov\/help\/faq\/faq-general.html[\/footnote] In contrast, you cannot have a patent or trademark without going through the application and registration process with the USPTO.<\/p>\r\n You might be familiar with the character Winnie the Pooh from Disney's cartoons. That character was actually drawn from A.A. Milne's 1926 book Winnie the Pooh. When Milne wrote the book, the law at that time set a copyright term of 95 years. Thus, on January 1, 2022, Milne's copyright expired and Winnie the Pooh entered the public domain.<\/p>\r\n Prior to 2022, Disney had an exclusive right to use the character which is why they could make their animated films and license the image of Pooh that they created for toys and other merchandise. Now that the book has entered the public domain, Disney no longer has exclusive rights to the character.[footnote]Klecko, Maria. \u201cWinnie-the-Pooh and Hundreds of Other Works Are Now in the Public Domain.\u201d Temple Now, October 31, 2022. https:\/\/news.temple.edu\/news\/2022-01-24\/winnie-pooh-and-hundreds-other-works-are-now-public-domain[\/footnote] Disney's version of Pooh in their films and merchandising is protected by copyright but now other people can create their own versions. Any new versions cannot rely on creative aspects from Disney. They have to stick to details from the original 1926 book. Here is an example of that, Winnie the Pooh as a horror movie character that is definitely not similar to Disney's Pooh.<\/p>\r\n Warning: violence and blood are depicted in this trailer!<\/p>\r\nCreating the copyright<\/h3>\r\n
Winnie the Pooh: Blood and Honey<\/h3>\r\n