What is copyright?
Copyright is an exclusive right to make and distribute copies of a work, to perform or display that work publicly and to make new works based on the originally created work. Copyright protects against copying of the work, but does not protect against the use of the subject matter of the work. Copyright protects both published and unpublished original works that are in a fixed form of expression. Only the author or creator of the work and those who obtain their rights through the author can claim copyright in a work. When the creator is paid for the work, the author is considered to be the person who paid for the work to be created.

What is protected by copyright?

• Literary works including computer programs
• Music works and their words
• Pantomimes and choreographic works
• Dramatic works and their music
• Pictorial, graphic and sculptural works including architectural plans
• Motion pictures and audio-visual works
• Sound recordings
• Architectural works

What cannot be protected?

• Any work that is not in a fixed form of expression
• Works consisting of common property and in which there is no original authorship
• Names, phrases and slogans
• Ideas, procedures or concepts

How do you obtain Copyright protection?
Copyright is automatically secured once the created work is in a fixed form of expression. There is no requirement for the work to be registered with the Federal Government; however, there are benefits to obtaining a Federal Copyright Registration. A registration application can be filed at any time during the lifetime of a copyright and there is no requirement for a work to be published to obtain this registration. However, if a work is published, it should be marked with the name of the owner, the year of first publication and official insigniation ©. After publication in the United States a copy of the work must be deposited in the Library of Congress and the Copyright Office. This deposit must be made within three months of the date of first publication. Failure to make the deposit can result in fines and other penalties but does not affect copyright protection.

How do you obtain a Copyright Registration?

• An application must be completed setting out ownership and publication details of the work
• A fee must be paid
• A non-returnable deposit of the work being registered must accompany the application. The actual requirement of what must be deposited depends on the nature of the work.
• The copyright is registered as of the date it is received at the Copyright Office.
• A Certificate of Registration is forwarded by the Copyright Office to the owner confirming that the work is registered.

Term of Copyright Protection
The length of the term of copyright protection depends on the date of original creation. Works created on or after January 1, 1978, have a term of the author’s life plus an additional 70 years. If the work was created by more than one author, the term lasts until 70 years after the last surviving author’s death. In the case of works made for hire or anonymous works the term is 95 years from publication or 120 years from creation, whichever is shorter. Terms for work created before January 1, 1978, vary according to various criteria.

Why register original works for copyright protection?
Just like any of the other assets of your business, your ownership of originally created works should be adequately protected. Federal Copyright Registration not only informs the public that you own the copyright in a work, but is also useful to establish and validate your rights in the event of infringement of the work. The existence of such registration allows you to take immediate action if an infringer refuses to stop unauthorized use of your work. Additionally, registration of the copyright with the U.S. Customs Service assists in preventing importation of infringing copies of the work from outside the United States.