Copyright FAQs

What is copyright?

Title 17 of the U.S. Code provides copyright protection to original, creative works fixed in tangible form. Copyrightable works include the following: literature, music, movies, plays, videos, sound recordings, choreography, architectural designs, sculptures, and paintings.

What work is not protected by copyright?

Copyright does not protect ideas, facts, names, pen names, titles, slogans, extemporaneous speeches, blank forms, standardized material, and government works.

Who owns copyright?

Typically, the author or authors of the creative work own the copyright. However, when a work is sold or transferred or when it is made for hire, either created by an employee within the course of employment or created by an independent contractor, the author does not own copyright.

What are a copyright owner’s rights?

A copyright owner can restrict the unauthorized use of the work. An owner has the right to distribute, reproduce, display, make derivatives, and perform the work publicly.

When does copyright protection begin?

Copyright protection begins the moment a work is fixed in tangible form.

How long does copyright protection last?

Works published after January 1, 1978:

• Sole authorship: life of the author plus 70 years
• Joint authorship: 70 years after the death of the last surviving author
• Work made for hire and anonymous and pseudonymous works: 95 years from the publication date or 120 years from creation.

Works published between January 1, 1923 and December 31, 1977 are protected for 95 years from the date of publication.

Is publication required for copyright protection?

No. Publication is not a prerequisite to protection.

Does my work need to contain copyright notice?

No. Even though copyright notice is unnecessary, it does place others on notice of copyright protection. This not only makes it easier to ascertain the owner, but it may help the copyright holder in an infringement lawsuit.

Do I need to register my work with the U.S. Copyright Office to receive protection?

No. While copyright registration is unnecessary for protection, it does create a public record of ownership and creates a legal presumption of a valid copyright if it was registered within three months of the publication date or before the copyright infringement began. Registration also allows the owner to recover up to $150,000 in damages.

How much does registration cost?

The cost to register a work with the Copyright Office is $45 using a paper application and $35 using an online application.

Will I have to provide a copy of my work to register it?

Yes. The Copyright Office requires an applicant to provide a copy of the work. An electronic copy can be submitted with an online application. An unpublished work requires one complete copy while a published work requires two complete copies.

When is registration complete?

Typically, registration takes five months for online submissions and sometimes over a year for paper submissions. Once registration is complete, a certificate is issued to the copyright owner.  Registration, however, is valid when the Copyright Office receives a complete and acceptable submission.

What is copyright infringement?

Copyright infringement occurs when the exclusive rights of a copyright holder are violated without permission. A copyright owner may file a lawsuit in federal court and request monetary damages, attorney fees, and an injunction.

• If you have more questions or may need legal assistance regarding a Copyright matter, Consult Your Case for Free with a local experienced Intellectual Property Lawyer.