Copyright F.A.Q.

General Questions

What is copyright? 
Copyright is a form of protection controlled by the U.S. Constitution which protects the works of authorship fixed in a tangible medium of expression whereby legally preventing a 3^rd party from reproducing work without the permission of the copyright owner.

How is a copyright different from a patent or a trademark? 
A patent protects discoveries or inventions while copyright protects the original works of authorship. Copyright does not protect Ideas and discoveries, although the form in which they are expressed may be. A trademark protects phrases, words, symbols, or designs identifying the source of the service or goods of one party and distinguishing them from another.

What does copyright protect? 
Copyright covers both published and unpublished works.  
Copyright protects original works of authorship including musical, literary, dramatic, and artistic works, such as songs movies poetry, novels, computer software, and architecture.

What does copyright not protect?
Copyright does not protect systems, ideas, facts, or methods of operation, although copyright may protect the way these things are expressed.

When is my work protected? 
Your work is protected under copyright the instant it is in a tangible form.  It must be created and set so that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. Work is copyrighted when it is created.  You are not obligated to register.  Though registration is required if here is a lawsuit.

Why should I register my work if copyright protection is automatic? 
There are numerous reasons why you should register your work. By registering you work, you receive a certificate of registration which officially becomes a part of the public record. In a successful litigation statutory damages and lawyers fees may be rewarded.  If registration occurs within 5 years of publication, in a court of law it is considered prima facie evidence. Such evidence is necessary and beneficial in court of law.

Is my copyright good in other countries? 
The United States does not have copyright relations with every country though they do have relations with many countries throughout the world.  The outcome of these agreements is that we honor each other's citizens' copyrights.

 

What can you protect with Copyright Registration?

What does copyright protect? 
Copyright is a form of intellectual property law, protecting original works of authorship including literary, dramatic, musical, and artistic works. Copyright does not protect facts, ideas, systems, or methods of operation, though the way these things are expressed may be protected.

Can I copyright my website? 
Copyright may protect the original authorship appearing on a website. This includes writings, artwork, photographs, and other forms of authorship protected by copyright.

How do I protect my idea? 
Copyright does not protect ideas, concepts, methods of action, or systems. You may copyright your ideas expressed in a physical form.  Though, only the physical representation will be protected, not the actual idea.

Does copyright protect architecture? 
Yes.   "Architectural work" is defined by the copyright act as "the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings." Any architectural work created on or after December 1, 1990 is recognized by the copyright laws. drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection.

Can I copyright the name of my band? 
No name can be protected by copyright.  Some names may be protected under trademark law.

How do I copyright a name, title, slogan or logo? 
Copyright does not protect names, titles, slogans, or short phrases. There are situations where these things may be protected as trademarks.

How do I protect my recipe?
Where a recipe or formula is accompanied by a procedure, or when there is a gathering of recipes as in a cookbook, there may be a starting point for copyright protection. If you have secret ingredients in your recipe you should not apply for a copyright, because applications and deposit copies are public records.

Does my work have to be published to be protected? 
No, copyright protection does not depend on publishing.

 

Who May Register?

Can a minor claim copyright? 
State laws may restrict minor’s involvement in business, though the copyright office will issue minors a registration.

Can foreigners register their works in the United States? 
Any work that is protected by U.S. copyright law can be registered.. All works that are unpublished, regardless of the nationality of the author, are protected in the United States. For work that is published in America or in a country with which we have a copyright treaty or that are created by a citizen of a country with which we have a copyright treaty are also protected and may be registered

 

How Long Does Copyright Protection Last?

How long does a copyright last? 
As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright 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. For works first published prior to 1978, the term will vary depending on numerous factors.

Do I have to renew my copyright? 
No. Works created on or after January 1, 1978, are not subject to renewal registration. For works registered  or published or prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages.

Somebody infringed my copyright. What can I do? 
An individual may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in federal district court. In the case where a 3^rd party has infringed upon your copyright, consult an attorney. In cases of willful infringement for profit, a criminal investigation may be initiated by the U.S. Attorney.

Could I be sued for using somebody else's work? How about quotes or samples?  
In the case where a 3^rd party uses copyrighted work without authorization, the registrant may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, it is recommended that permission be obtained.

 

Assignment/Transfer of Copyright Ownership

Are copyrights transferable? 
Yes. All or part of the rights in a work may be transferred by the owner to another. Just like any other property.

Can I copyright my website? 
Any original authorship appearing on a website may be registered, which includes photographs, writings, artwork, and other forms of authorship protected by copyright registration.

How do I collect royalties? 
Private arrangements between an author and publisher may be established to collect royalties.