What is a Copyright?

A copyright is the legal protection given in the United States to original works of authorship. Copyrights protect books, paintings, photos, music, video, software and so forth. Copyright protection attaches to a work the moment it is fixed in tangible form (on paper, on video, etc.) and prevents others from using the work without permission.

Copyright is a Bundle of Rights

A copyright is a bundle of rights, including the exclusive right to distribute, sell, duplicate, publicly perform, and create derivative works from the work. Copyright for newer works lasts for at least 70 years, depending upon whether the author is a person or a company. The length of copyright protection for older works is often difficult to determine. The fact that a work is old doesn't necessarily mean that the copyright on it has expired. Until the end of the term of protection, a copyright owner has the right to sell, transfer, assign, or license one or all of these exclusive rights to someone else.

Copyright Registrations and Markings

In the United States, you do not need to register a copyright in order to benefit from copyright protections, although you may have to register your copyright if you want to file a legal action concerning your copyright. It is also not necessary to place a © on the copyrighted work, but it is a good idea to do so. The absence of a © doesn't mean it’s okay to copy a work without permission.

Resale of Copyrighted Works

Under the copyright laws, the owner of a particular copy of a copyrighted work is generally entitled to resell the particular copy they own. For example, if you purchase a copy of a DVD movie, you are allowed to resell that particular DVD. Copyright protection prevents you from copying the DVD movie and reselling the copies. If you have licensed the right to use a particular copyrighted item, you should review the license and consult with your attorney to determine whether you can resell the item.

Selling versus giving away an item

Copyright protection includes the exclusive right to distribute the copyrighted work. This usually means that giving away an unauthorized copy of a copyrighted work (for example a duplicate copy of a video) is not permitted. Thus, selling a pencil for $9.00, and including for "free" an unauthorized/bootlegged DVD is probably against the law.

Note:  This information is not intended to be legal advice. If you have any doubts about whether you can sell an item on Biker Bids, we encourage you to contact the copyright owner or consult your own attorney.

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