A copyright prevents others from:  Reproducing a work in copies or sound recordings;  Creating spin-off or "derivative" material;  Distributing copies to the public by sale, rental, lease or transfer of ownership;  Performing literary, musical, dramatic and motion picture works, and  Displaying copyrighted pictures, graphics or sculptured works.

A High Profile Case of Copyright Violation     One example of copyright infringement got a lot of press, mainly because the defendant in the lawsuit was Madonna Ciccone (the singer professionally known simply as Madonna) MTV Networks, Warner Brothers Records, Inc.,et al. The lawsuit arose when the heir of artist Guy Bourdin claimed that the singer used photographic and videographic images derived from Bourdin's work in the making of her music video entitled "Hollywood."    The suit alleges that "An overwhleming number of all of the scenes of the Hollywood Videos are overtly and substantially derived from the Bourdin works. Because Bourdin employed a "unique and distinctive style" that is easily recognizable, the similarity would lead people to the false conclusion that the videos were authorized by Guy Bourdin, the complaint read. As evidence, the plaintiff provided side-by-side images of his father's copyrighted photos and photos taken from the video.      The suit goes on to say that the "infringement acts by the Defendants were willful, wanton, deliberate and/or intentional."        Samual Bourdin asked the court to award unspecified damages, as well as whatever "gains, profits, and advantages" were obtained by the defendants from the wrongful use of copyrighted material. He also asked that all copies of the video and anything connected with the video be destroyed.     The plaintiff demanded a jury trial, but eventually accepted a confidential out of court settlement. (Samuel Bourdin V. Madonna Ciccone, et al, United States District Court, Southern District of New York)

The answer lies in copyright safeguards. Copyright protection exists from the moment a work is created in any tangible medium. It only protects a specific expression of an idea.

To be valid, a copyrighted work must have some minimal level of originality. In many cases, the author of a copyrighted work is not the owner so it's important for your company to secure its rights.

Let's say you hire a freelancer to write a book about your company. If you don't have a contract stipulating that you own the copyright, the writer probably owns it. Just placing the copyright symbol on the book with your name is not enough.

A work authored by your employees within the scope of their designated employment is called a "work made for hire". As such, the employer is the author of the work - not the person who created it. This is also the case with contractually commissioned works.