Last time, we looked at the range of creative expression covered by copyright and discussed the meaning of "work-for-hire." Now we're ready to talk about how long the protection lasts and what to do if you find that your copyrighted work is being used without permission.

Duration
Copyright protection begins automatically from the moment a work is created in fixed or tangible form. Works created on or after 1 January 1978 have the following term: A sole author's life plus 70 years, a joint author's life plus 70 years or, in the case of work-for-hire, 95 years from publication or 120 years from creation, whichever is shorter.

At the end of the appropriate term, a work enters the public domain. This means that copyright protection has expired and the work becomes available for people to use in whatever way they might like.

Copyright notice
The use of a copyright notice on the work is beneficial but not absolutely required. The standard format is the letter "C" in a circle + the year of first publication + the name of the owner. (The letter "P" in a circle is used for "phonorecords" including cassette tapes, CDs and LPs.)

Copyright registration
Even though formal registration of copyright is not required by law, it's still beneficial because it establishes a public record of the date of creation and the original owner. This information is very important if, at a later date, it becomes necessary to take legal action against infringement. If you feel that you've created something of value that others might be tempted to appropriate, then you should register it. It's recommended that you register a work within three months of its creation. The registration process is very simple. Go to www.copyright.gov and download Form VA (for visual arts). Complete the form and send it to the Copyright Office with documentation of the work that you're registering (one copy if unpublished, two copies if published) plus a filing fee (currently $30).

Copyright infringement
Infringement is unauthorized use of a substantial portion of a copyright-protected work. It's the opposite of seeking and receiving permission, using correct notice of ownership, and contracting for payment of a royalty or fee. Copyright infringement must be intentional—the infringer must knowingly copy the work without obtaining authorization.

If you become aware that an individual or a company is infringing upon your work, you can obtain an injunction or restraining order to stop them from using it. In a lawsuit, you must prove that you own the work and prove that the defendant has copied it. You'll recover attorney's fees if you win. You may also recover actual damages, statutory damages, or the profits that were generated by the infringement. The judgment will be affected by the extent of the infringement and how much proof there is that it was intentional.

Fair use
It's important to note, however, that there are certain uses of copyright-protected material that do not constitute infringement. These have to do with criticism, comment, news reporting, teaching, scholarship and research. Fair use also protects parody, satire and caricature. Usually only a small portion of the work is used, and it should not affect the potential market value of the work. Factual works tend to be less protected than creative ones and, in a dispute, the court will consider whether the use was commercial or nonprofit.

Getting advice
This article can only serve as a brief introduction to copyright. For specific guidance about how the law applies to your own situation, you should speak with an intellectual property attorney.

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