Copyright Basics

---

What is a copyright?

Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

How is a copyright different from a patent or a trademark?

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with the Copyright Office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney’s fees in successful litigation if registration occurs soon after publication.. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

What is a “poor man’s” copyright?

The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

How long does it take?

That really depends on the speed at which the Copyright Office moves, but typically expect a few months or more for the process to be completed.

Once my registration is approved, what then?

If your registration is approved, you will receive a certificate of registration and have protected your work for the duration of your life, plus 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright protection endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. (Works created or published prior to 1978 may have different terms).

Have questions or need help? Get in touch with us.