What is Copyright?

Copyright is a type of protection provided to authors of intellectual property such as movies, art, literary, and musical creations. A copyright acknowledges that a person is the originator of a work and gives them full discretion to allow or deny someone the use of their work. In the event a person or company uses the intellectual property without permission, a copyright can be helpful in pursuing legal action against the infringer.   

What is not Protected by Copyright?

While the term “intellectual property” may seem broad, the U.S. Copyright Office is very clear that the following are not protected by copyright: 

• Ideas, procedures, methods, systems, processes, concepts, principles or discoveries; 

• Works that are not in tangible form {i.e. a poem you recite to yourself but do not put on paper, or a play you produce but do not record); 

• Titles, names, short phrases and slogans; 

• Familiar symbols and designs; or

• A list of ingredients or contents, or slight variations of typographical lettering or coloring. 

Why Should I Copyright my Work?

In the United States, it is not required to file a copyright registration for an original work – technically, the minute an original work is created, copyright exists. However, there are several business law benefits to the author if he/she chooses to file a copyright; some include:

• The right to reproduce the work, whether in print or audio/visual records.

• Create imitations of the original work. 

• Distribute copies of the work by offering it for free to the public, selling it, renting or leasing it, and lending it. 

• Perform or display the work publicly without needing to obtain permission from an original author. 

• Transfer ownership of copyrighted material to another person or enterprise. 

The Copyright Application Process

The process to file a copyright registration can be confusing, and if not done correctly, expensive. There are several factors to consider when registering a copyright, and each factor will have different requirements. Our intellectual property attorneys begin by determining whether or not your work is unpublished or published – that is, whether or not your work is ready for commercial distribution. From there, the application process will vary depending on the type of work you wish to copyright. Some applications can be filed electronically, while others must be completed on paper and mailed to the U.S. Copyright Office. Regardless of the work type, all applications are accompanied by a registration fee and must include a quality deposit of the work itself. For example, if you wish to copyright a film you produced, then you will need to deposit a quality copy of the film. If you wish to copyright a series of poems you wrote, then you will need to deposit a quality copy of the poems. The average waiting period for a copyright application to proceed to registration is 5-7 months, so it is important to properly complete the application and submit adequate deposits of your work. 

Why Should I Hire an Intellectual Property Attorney?

Filing a copyright application may seem like a daunting task. How do you know which application to file? Can you file online or do you have to mail a paper application? Which deposit formats will the Copyright Office accept? What do you do if your application is rejected? Our intellectual property attorneys have the experience and knowledge in business law necessary to assist you in the application process and get your work the protection it needs and deserves.