Creator = author, artist, musician -- the person who produced the first work.

Works = literary, musical, graphic or artistic forms in a fixed, tangible medium of expression that can be reproduced.

Not Works = Ideas and facts are never protected by a copyright. 

A copyright is automatically granted to the creator or employer of the creator who is employed under "work for hire" or "contract basis."

Work for hire = work done while employed by another as part of the originator's job, i.e., in-house artist\digitizer.

Contract basis = work done for another party as proprietary work, e.g., a company requests original art for a corporate logo to be used exclusively by their company.

TIME IN EFFECT
New terms for copyrights were established Oct. 27, 1998 in the Sonny Bono Copyright Term Extension Act. In general, copyright protection for works created after January, 1978, remain in effect for the originator's lifetime, plus 70 years. The new terms include specific provisions for various situations, including for works created prior to January, 1978.

HOW IT'S DONE
A copyright is automatic as the original work is created and fixed in a tangible form. Registration of copyright is advisable and done by application through the U.S.Copyright Office.

THE COPYRIGHT NOTICE
A copyright symbol or notice does not have to be viewable or published to be protected. Items such as letters and diaries may be protected by copyright, depending on the particular situation.

INFRINGEMENT
Copyrights must be registered by filing with the U.S. Registrar of Copyrights before legal action on infringement can be taken. A copyright owner does not have to show damages of any kind to sue for copyright infringement. If violated, it's advised to seek counsel immediately. 

VIOLATION
Ignorance of the law does not protect the violater. Statutory, or unspecified damages have a $200,000 cap per violations in regard to works pirated with no intention of redistribution. Higher consequences result with reselling pirated works. All copyright violators may be subject to civil and criminal charges. Regarding the embroidery industry, cases have occurred where the infringer was obligated to pay high fines and/or all equipment seized, not to be returned.

CLIP ART
Clip art books are generally copyrighted, but it's commonly understood they are bought for educational reproduction purposes. If the entire book is reproduced and sold, this is infringement. If an illegal copy of the book is given away the copyright owner is deprived of his right to sell the book, and this is also infringement. Copyright notices published in clip books state their individual terms that must be observed. Each will usually stipulate various uses allowed or not allowed for reproducing singular works found within the book.

COPYRIGHT or TRADEMARK?
Slogans, titles and names or brand names are generally not covered by a copyright, but may be protected by trademarks.

PUBLISHED PHOTOS/ART
Even with significant changes, magazine photos or illustrations, cannot be reproduced and no portion can be used without proper permission. Use of photos of adults or personal property is considered an invasion of privacy and cannot be used without obtaining signed releases unless there is a news angle. It's illegal to use for any reason, photos of minor children, without legal guardian consent.

ANYTHING AVAILABLE WITHOUT COPYRIGHT?
Yes. Works that aren't in a tangible form, like an idea or concept. Other examples are common property materials with no original authorship like calenders, common forms and tape measures. Also, works published without satisfying all conditions for securing Federal copyright under the Copyright Act of 1909 remain in the public domain under the 1976 Copyright Act.