MightyRecruiterMany works qualify for copyright protection under Title 17 of the U.S. Code. Original creations subject to and qualified for copyright protection include works of visual art, literature, musical compositions and recordings, movies, architecture, computer software, choreography and dramatic works. Upon creation, these innovations are granted automatic copyright security by federal regulations; however, there are several advantages to applying for a copyright registration.
Legal Rights for Owners
Protection from duplication is one of the many rights afforded to owners of a copyright. They are also entitled to other exclusive privileges, such as:
- The privilege of displaying or performing a protected work in a public setting.
- The right to duplicate and reproduce the original at will.
- The freedom to change or adapt the original and to create new works based on the copyrighted medium.
- The right to disperse copies or to sell duplicates for monetary gain.
These rights, while held as a whole, may also be sold together, or in part, to another entity for profit or license. The freedom to transfer any portion of a copyright remains in effect for the life of the registration. Certain individuals are eligible to renew a copyright when it reaches the end of its protective time period.
How to Register a Copyright
In order to officially register a copyright, the owner or creator must contact the U.S. Copyright Office. By filling out a basic claim application and submitting the form online or by mail, a copyright may be secured. A small fee must be paid in addition to submitting an application. Renewal registrations, group registrations, supplementary registrations and preregistrations are also available through the same agency. Fees vary based on the type of application.
Registering within certain time limits is imperative for securing full legal protection. Works that are registered within three months of their original publication or before the infringement occurs are eligible to collect damages in court. Owners may collect up to $150,000 in statutory damages and possibly be rewarded attorney’s fees if the registration was completed within the time guidelines.
Enforcement for Infringements
As of March 1, 1989 the law does not require copyright owners to give notice of copyright before receiving protection. However, posting notice increases the likelihood that infringement cases will be settled favorably for the owner. Notice may be given by using the symbol ©, writing the word, “copyright,” including the author’s name and citing the original publication date. A complete citation also makes it easier for interested parties to identify the owner of a work in case they desire to seek permission to cite a portion of the piece legally.
In instances where an infringement has occurred, owners are entitled to file a lawsuit in federal court. If settled favorably, the outcome may include an injunction or restraining order designed to stop the illegal duplication and compensation for both damages and court costs.
There are several defense arguments that may be utilized by an infringer, one of which is to claim they didn’t know of the copyrighted work itself or of its copyright status. Defendants may also claim protection under the doctrine of fair use, which allows the use of protected material for specific purposes, including news reporting, parody, research, criticism, comment or teaching. A copyrighted work should not be used in full under fair use law and only portions should be excerpted, quoted or summarized.
Length of Copyright Protection
The length of copyright protection is limited and determined by several factors. For any work, shelter begins upon the completion in a “tangible form.” After 1977, copyright protection extends for:
- 95 years from the original publication date, or 120 years after the creation of the work if it was made for hire by an independent contractor or employee;
- 70 years after the death of the author;
- 70 years following the death of the final surviving author of a joint or collaborative work.
The length, scope and legal soundness of copyright protection is always enhanced when the copyright is registered.
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.