I work with many influencers and content creators and for these individuals, one important intellectual property is how to Copyright their work products. These creators need copyright protection when they have created a work that is eligible for copyright protection and they want to prevent others from reproducing, distributing, or displaying their work without permission. Examples of works that are eligible for copyright protection include literary works, musical works, dramatic works, artistic works, and other creative works. Technically, these content creators already have copyright to their work from the moment they create it. It doesn’t have to be published to be protected. However, before litigation can occur on a copyright, the work needs to be registered with the United States Copyrights Office.
Table of content
How do I obtain copyright protection?
Steps to Obtaining a Copyright
The Benefits of copyright registration
How do I obtain copyright protection?
You may need copyright protection when you have created a work that is eligible for copyright protection and you want to prevent others from reproducing, distributing, or displaying your work without your permission. Examples of works that are eligible for copyright protection include literary works, musical works, dramatic works, artistic works, and other creative works.
Here are some situations where you might need copyright protection:
- When you want to publish your work: If you plan to publish your work, whether it’s a book, a song, or a software program, you’ll want to protect it with a copyright.
- When you want to sell or license your work: If you plan to sell or license your work to others, you’ll want to protect it with a copyright. This will give you the legal right to control who can use your work and under what conditions.
- When you want to prevent others from using your work without your permission: Copyright protection gives you the exclusive right to reproduce, distribute, and display your work. Without copyright protection, anyone could use your work without your permission.
- When you want to enforce your rights: If someone uses your copyrighted work without your permission, you have the right to take legal action against them. Having a registered copyright will make it easier for you to enforce your rights.
It is important to note that, copyright protection does not protect ideas, only the particular expression of them.
In summary, you may need copyright protection when you have created a work that is eligible for copyright protection and you want to prevent others from reproducing, distributing, or displaying your work without your permission. Examples include when you plan to publish, sell or license your work, when you want to prevent others from using your work without permission, and when you want to enforce your rights.
Obtaining copyright protection for your work is a relatively straightforward process. Here are the steps to take:
- Create a work: Create a work that is eligible for copyright protection. This could be a literary, musical, dramatic, artistic or any other creative work.
- Fix the work in a tangible form: The work must be fixed in a tangible form, meaning it must be written down, recorded, or saved in some way so that it can be perceived, reproduced, or communicated.
- Register the work: Register your work with the copyright office. This can be done online or by mail. The copyright office will review your application and may require additional information.
- Pay the fee: The copyright office will require a fee for the registration process.
- Receive your certificate of registration: Once your application is approved, the copyright office will issue you a certificate of registration. This certificate serves as proof of your copyright ownership.
It is important to note that in some countries, copyright protection arises automatically from the moment of creation, without the need for registration. However, registration of the copyright provides the copyright owner with certain benefits such as the ability to sue for infringement.
Additionally, in most countries, copyright protection lasts for the life of the author plus a certain number of years after their death.
In summary, copyright protection is obtained by creating a work that is eligible for copyright protection, fixing the work in a tangible form, registering the work with the copyright office, paying the fee and receiving a certificate of registration.
The current U.S. Copyright Act (1976) states that copyright protection exists in a tangible medium of expression in a work of authorship that is original and fixed. Due to their ease of acquisition, copyrights have become the most popular form of intellectual property protection. These sections below discuss the nature and character of acquiring copyright protection:
- Originality Requirement
- Works of Authorship
- Fixation
- Automatic Creation
- Compilations
Originality Requirement
Copyright law protects works that are “original.” The amount of originality required to protect a work is very small. In order to satisfy the originality requirement, the work cannot be a reproduction from another source; it must also be unique. If the work is a compilation, it must have some originality beyond the alphabetic sorting and arrangement of all the available works. Beyond that, the originality requirement can be met by almost any work created by an author.
Works of Authorship
To express the types of works that are protected by the copyright law, the Copyright Act (1976) uses the phrase “works of authorship”. Congress deliberately chose this broad phrase to avoid having to rewrite the Copyright Act every time a new medium was discovered. The effect is that the Copyright Act (1976) can protect Web pages and mobile device apps, even though they were not available at the time it was written. To clarify what was meant by “work of authorship”, Congress included a list of eight works of authorship within the Act:
- Literary works;
- Music works, with any accompanying words;
- Dramatic works include any music that is accompanied by it;
- Choreographic works and Pantomimes;
- Sculptural works, Graphic and pictorial;
- Audiovisual works and Motion pictures;
- Sound recordings; and
- Architectural works.
The above list is not considered to be comprehensive, but most protected works can be found in one of these categories. Computer programs, compilations, and maps are all registered as “literary work,” while architectural plans and maps are “pictorial, graph, and sculptural works”.
Fixation
For protection, a work must be fixed in a tangible medium of expression. If a work is on a medium that can be perceived, reproduced, or communicated, it is considered fixed. For example, by writing down a song on a piece of paper, it becomes fixed.
The medium through which the song can be perceived, reproduced, and communicated is paper. The medium does not have to be able to be perceived by humans. As long as it can be viewed by machines, the medium is acceptable. The song is fixed when the author records it using a voice recorder. A computer program can also be fixed if it is stored in its memory.
Automatic Creation
In 1978, the United States created automatic copyright protection. This means that copyright protection is not subjected to any other actions. You don’t need to apply for copyright protection or place a copyright notice on a work.
Before 1978, these “formalities” were once required in order to obtain copyright protection. The act of publishing work with a notice of copyright was the only way to secure statutory copyright. If unpublished, the only way to secure statutory copyright was registration. A work published without a copyright notice could enter the public domain and not have copyright protection.
Under the current law, the formalities of notice and registration have become recommended steps to increase copyright protection.
Compilation Copyrights
Compilation copyrights is a type of copyrightable work. The Copyright Act (1976) defines compilation copyrights as work that is made from the “collection and assembly of preexisting material or data that have been selected in such a manner that the resulting work constitutes an original work by authorship.”
Steps to Obtaining a Copyright
Technically, all work that is subject to copyright is copyrighted if it is in a tangible medium. Copyright registration offers important benefits such as the ability to assign the work, to sue for statutory damage, attorney’s fees, and court costs.
To obtain copyright registration, you need to create work that is eligible for protection and then register with the U.S. Copyright Office. Small businesses are encouraged to register in order to be able to transfer their copyrighted works. This could help your company in the event of a merger, takeover, or other circumstances.
1. Eligibility
Copyright registration is only possible if the works are original and contain some creativity. They must also be in fixed form like maybe a paper or on a compact disk. Copyright protection covers literary texts, visual arts like paintings and sculptures, musical and dramatic works, motion pictures, and architectural works.
Often, works are not eligible for copyright protection because they include facts, short phrases, slogans, ideas, and names.
2. Copyright Application
You have two options when applying for copyright registration: you can either use a paper application or apply online through the Electronic Copyright Office (eCO). An eCO application offers faster processing times, online tracking status, and credit card payment. You will need to provide the Copyright Office with your name, email address, and password in order to sign up for an eCO application.
3. Complete the Application
To complete your application, please tell the Copyright Office what type of work you want to register. You will also need to provide your name, address, contact information for the author of copyrighted works, the title and a statement if the work was previously published, the nation of publication, and your personal certification that you are authorized to apply for copyright registration on behalf of your business.
4. Submitting an Application
Once you have completed your copyright registration application, you will need to send a copy to the U.S. Copyright Office. You can upload a copy directly to the Copyright Office if you have used the online registration. You must send a copy of the work to the address indicated on your copyright application. Thereafter you will need to pay the filing fee.
The Benefits of Registering
While registration is not required, it can enhance the strength of a copyright claim. First, registration implies that the underlying copyright is valid. The registration also implies that the copyright holder is the one who registered it. A successful registration also proves that the material is eligible for copyright protection and that the registered party is the true owner.
Infringement litigation is only possible if registration is completed. Copyright owners can only initiate litigation for infringement if copyright registration is successful. A certificate of copyright registration must always be attached to an initial complaint in an infringing proceeding.
If you, as a copyright owner, want to be entitled to any copyright-related damages, copyright registration is required. Although copyright law allows courts to award statute-defined damages for infringement and additional damages for willful infringement, registration is required for these statutes.
Registration Timing
A copyright registration application can be made at any point during the term of the copyright. Registration does not need to be requested immediately after the establishment of copyright rights. You can apply for registration even if a significant amount of time has passed since the date copyright rights were established.
The Copyright Office can grant an expedited review of a registration application in certain circumstances. However, the applicant must justify why expedited treatment is necessary. A common reason for such a request is the need to bring litigation against infringement. The Copyright Office has complete discretion over whether to grant an expedited review.
