Inventing an original idea can seem less common nowadays, especially with the furious pace of technological advancements. Determining who is responsible for the first occurrence of an idea can be difficult, especially if records are spotty. Copyright law is simple, but seeking protection if infringements occur can be complicated unless the copyright is properly registered. Securing a registered copyright affords the owner several benefits and protection under federal regulations.
Works Eligible for Copyright
Copyright laws protect actual works, rather than ideas. In order to qualify for protection under the law, a creation must be in a “tangible form of expression,” meaning it must be recorded in some physical way. This can be in written or other definite forms. The work must be an original expression of an idea and the physical manifestation of the idea is copyrighted, rather than the idea itself.
Certain works and types of art are protected by copyright law. This coverage is available for items of original authorship in a variety of categories:
- Musical compositions, including lyrics
- Literary works
- Dramatic works and their accompanying music
- Sculptures and other graphic or pictorial art
- Choreography and pantomimes
- Architectural drawings, plans and buildings
- Sound recordings
- Motion pictures and audiovisual creations
These classifications can be interpreted very broadly, and any written, composed or created work may fall into one or several of the groups. For example, computer code, if written down, can be considered a literary work and protected under that copyright category. A music video may be protected both as a visual production and as a musical composition.
Automatic Security
There is good news for creators: Copyright is secured automatically upon the creation of an original work. An artist or designer is not required to give notice to the copyright office in order to obtain a copyright designation. The United States uses the regulations established by the Berne Convention, which began offering this shelter for innovative works on March 1, 1989. Prior to that date, creations were assigned a copyright under the 1976 Copyright Act, which required written notice in order to obtain protection.
When determining the date of creation of a copyrighted work, the law indicates that it must exist in a physical format, a copyright record, or a phonorecord to be considered viable. Phonorecords are objects, such as CDs, tapes or LPs that can hold the embodiment of sound. When considering works made over time, any part of the whole created by a certain date is considered to exist as of that date.
Copyright Registration
There are many advantages to registering a copyright, and certain legal protections can only be offered to copyrights registered through the U.S. Copyright Office. Registration is advantageous for the following reasons:
- Verifies ownership and establishes public record
- Allows owners to sue in federal court in the case of copyright infringement
- Entitles copyright owner to seek statutory damages (if registered within 3 months of publication or prior to any infringements)
- Establishes validity of the copyright for court purposes (if registered prior to or within five years of creation of the copyrighted work)
- Makes available registration with U.S. Customs to protect against imported infringement copies
The registration is processed through the U.S. Copyright Office and requires the completion of several forms and, in some cases, the submission of a few samples of the work. Contacting the agency by phone or online will provide the needed resources to complete the process. There is a small fee to complete the certification. Related works that are part of a whole may be submitted as a “group registration” for a reduced cost.
Shared Ownership
When a work is the creation of two or more parties, they hold equal rights to register and enforce a copyright of their work. If used for commercial purposes, each owner is due an equal share of the proceeds, unless a previous written agreement by both parties is in place.
While copyright protection is automatically secured by the creation of an original work, registration affords a variety of benefits and legal options in case of infringement.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.