INTELLECTUAL PROPERTY

Copyrights

Copyrights come into existence the moment you fix any content (text, graphics, audio, video, sculpture) in tangible form, sometimes called creative works. Copyrights can represent a significant asset, particularly if you are in the content generation businesses, such as entertainment, photography, marketing, engineering design and development, etc. where you are selling content to your customers.

While copyrights come into existence upon creation of your work, in the US a copyright can not be enforced unless it is registered. As such, it is important to register content that you believe is valuable to you and to register the content as soon as possible to take full advantage of the benefits of copyright registration.

WHAT IS A COPYRIGHT?

A copyright is the right to exclude others from reproducing your creative work.

WHAT DOES THE COPYRIGHT SYMBOL MEAN?

The ©, as well as the words “Copyright, Entity Name, All Rights Reserved,” are copyright notices to the public that an entity places on content to notify the public that the entity is the owner of the copyrights in the content.

WHAT IS A CREATIVE WORK?

An original expression of an idea that has been reduced to physical form, such as audio or video recordings, pictures, text documents, etc.

ARE LIVE PERFORMANCES COPYRIGHTABLE?

Generally not the live performance itself, but a recording of the performance is copyrightable.

ARE TITLES, SLOGANS, AND OTHER SHORT PHRASES COPYRIGHTABLE?

Generally no, as short phrases are generally not considered to be sufficiently original to be copyrighted outside of a larger creative work.

HOW DO I GET A COPYRIGHT FOR MY CREATIVE WORK?

Common law copyrights come into existence the moment that you put your creative work in physical form. However, the right to enforce your copyright and other rights in the US and other jurisdictions requires that you register your copyright.

SHOULD I REGISTER MY COPYRIGHT?

In most instances, the answer is yes, because US copyright registration provides many benefits.

CAN ANY CREATIVE WORK BE REGISTERED AS A COPYRIGHT?

No, copyrights will only be granted if there is a sufficient level of creativity in the work.

WHAT TYPES OF CREATIVE WORK CAN'T BE REGISTERED?

In general, short phrases can not be registered.

HOW DO I REGISTER MY COPYRIGHT?

US copyright applications are filed with the United States Copyright Office (“USCO”). US copyright registrations provide nationwide protection for creative works.

CAN I GET A STATE COPYRIGHT REGISTRATION?

No, only US copyrights are registered.

DOES A US COPYRIGHT REGISTRATION PROTECT ME IN FOREIGN COUNTRIES?

No, you must register your copyright with each foreign country in which you want to enforce your rights.

HOW LONG DOES IT TAKE TO REGISTER A US COPYRIGHT?

The registration process usually takes several months.

HOW MUCH DOES IT COST TO REGISTER A US COPYRIGHT?

Under $100 for a basic application, if you do it yourself. For additional fees, our expert attorneys can ensure your IP is protected through copyrights and other filings as needed.

SHOULD I FILE MY OWN COPYRIGHT APPLICATION?

Only if you are very comfortable with copyright law and the application process, as mistakes could affect your rights in the creative work. If you are not very comfortable with the process, then it is probably worth a few hundred dollars to have a professional file the application.

WHAT IS A BASIC US COPYRIGHT APPLICATION?

A basic copyright application is prepared and filed for one creative work. The owner must provide the information needed for the application, as well as a copy of the creative work.