Creation of Copyright

Copyrights are established by the creator of an original work at the time when that original work is placed in tangible medium of expression, which can be a written document, sound or video recording, digital file or any of a very wide range of other forms. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. For instance, copyright associated with a written article or a book is established when the article or book has been written, even if it is not published or distributed. No application or request for grant of the rights is required for copyright protection to take effect, though registration of copyrights is advisable to make enforcement easier and more practical.

The Fixation requirement

In order for a work to be protectable, it must be fixed in a tangible medium of expression. A work is considered fixed when it is stored on some medium in which it can be perceived, reproduced, or otherwise communicated. For example, a song can be fixed by writing it down on a piece of paper. The paper is the medium on which the song can be perceived, reproduced and communicated. It is not necessary that the medium be such that a human can perceive the work, as long as the work can be perceived by a machine. Thus, the song is also fixed the moment the author records it on a voice recorder. Similarly, a computer program is fixed when stored on a computer' memory. In fact, courts have even held that a computer program is fixed when it exists in the RAM of a computer. This is true even though this "fixation" is temporary, and will disappear once power is removed from the computer.

Automatic Creation

No other actions are required for copyright protection. There is no need to file an application for copyright protection, or to even place a copyright notice on a work. These additional steps, often referred to as "formalities," were previously required to secure copyright protection. Under the current law, the formalities of registration and notice now merely serve as recommended steps to expand the protection provided by copyright.