What is a Copyright?

A Copyright is a form of "intellectual property." The government affords protection to original works of authorship fixed in a tangible medium – this protection is called a "Copyright." Copyright protection is given to "works," including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. A copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license a work, and derivatives of the work. Limited exceptions to this exclusivity exist for types of "fair use", such as teaching, scholarship and research.

What types of works are protected under Copyright Law?

Copyrightable works include the following categories:

• literary works;
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic works
• pictorial, graphic, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works

The rights give to a copyright owner are distinct from the rights given to a person who merely owns a copy of the work. A good example of this situation is when a person purchases a CD from a music store, that person has purchased just the copy of that CD, but does not have any rights to the CD (or the music on the CD) other than the right to listen to it themselves. The CD owner may listen to the CD, sell the copy of the CD that they have, or even throw the CD away. The CD owner may not make copies of the CD, to license the CD or to distribute (other than their own copy) their CD. In essence, the CD owner does not own the copyright to the work.

Why should I register my Work with the Copyright Office?

Copyright is secured automatically when a work is created. However, the Copyright Act establishes a mandatory deposit requirement for works published in the United States. The 1976 Copyright Act defines "Publication" as the distribution of (or offering to distribute) copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. In general, the owner of a copyright has a legal obligation to deposit in the Copyright Office, within three (3) months of publication in the United States, two copies (or in the case of sound recordings, two phonorecords) for the use of the Library of Congress. Failure to make the deposit can result in fines and other penalties but does not affect copyright protection.

So, if you must deposit materials with the Library of Congress, why not simply apply for a copyright registration and obtain the benefits of copyright registration along? In order to have this dual effect, the copies or phonorecords must be accompanied by the prescribed application form and filing fee. Register a Copyright

What are the Advantages of Copyright Registration?

There are many benefits to Copyright Registration. These include the following:

• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
• If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

Register a Copyright

Can I give © Notice?

Use of the traditional copyright notice ("©") may be important because it (1) informs the public that the work is protected by copyright; (2) identifies the copyright owner; and(3) shows the year of first publication. Furthermore, in the event that a work is infringed, if proper notice of copyright appears on the published copy, then a defendant's claim of "innocent infringement" has little, if any, merit. Innocent infringement occurs when the infringer did not realize that the work was protected. Absent innocent infringement, a copyright owner may be entitled to significantly more damages.

How do I give proper © notice?

Proper copyright notice for visually perceptible copies of a Work should contain all the following three elements:

1. The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."; and
2. The year of first publication of the work (with certain exceptions such as with some pictorial, graphic, or sculptural works); and
3. The name of the copyright owner, an abbreviation by which the name of the copyright owner can be recognized, or a generally known alternative designation of the copyright owner.

An example of proper copyright notice is as follows:

© 2005 MyCorporation Business Services, Inc.

The "C in a circle" notice is used only on "visually perceptible copies." Certain kinds of works--for example, musical, dramatic, and literary works may be fixed not in "copies." Since audio recordings such as audio tapes and phonograph disks are "phonorecords" and not "copies," the "C in a circle" notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded.

If I recently created my work, how long will my Copyright Protection last?

A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and the duration of the copyright is the life of the author plus 70 years after the death of the author. If there are multiple authors, the copyright term extends 70 years following the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the copyright is protected the shorter of 95 years from publication or 120 years from creation.

As can be seen, there are numerous benefits to copyright registration. The process is relatively simple and quick. MyCorporation.com can help you get started! If you have additional questions regarding the application process or protection of your Work by copyright, visit MyCorporation.com.

Protect one of your most valuable assets today!

Register a Copyright