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Copyrights are the perfect choice when you want to protect your creative works and intellectual property rights. While you can copyright your original creations without registration, you can glean certain advantages if you make things official with the federal government.
In the page below, we took a deep dive into copyright laws and how you can use one in your business:
What Is a Copyright?
Copyrights are legal protections for exclusive rights of creative works. Creative works include literary, artistic, educational, and musical intellectual property. The traditional copyright symbol is ©.
Copyright Basics with Examples
While registration is not required to own a copyright, it is the only way to enforce your legal rights. Copyright registration also creates a public record of your claim. This process is a requirement for infringement lawsuits should one arise.
The legal benefits of registering your copyright far outweigh the effort. Creators should consider doing so when creating copyrightable work. You will likely thank yourself in the future.
What Works Can I Copyright?
The term “copyrightable work” refers to original forms of expression. You can copyright works in the following formats and mediums:
- Musical compositions
- Pantomimes
- Choreographic works
- Paintings, graphic design, and sculptures
- Audiovisual works
- Sound recordings
- Literary works
- Architectural designs
Here’s a list of things that aren’t copyrighted:
- Procedures, methods, systems, and processes
- Logos, slogans, and other forms of trade dress
- Unwritten speeches or performances
- Government-funded projects
As you can see, copyright legislation is broad. However, it does not cover every instance of creativity.
If you have questions or concerns about what you can copyright, always speak with a copyright lawyer for greater clarity. They can also help you handle the application and search process. Many business owners have reassurance knowing they’ll avoid expensive legal mistakes with this option.
How Long Does a Copyright Last?
Some believe that copyright registration is valid for 70 years after creator’s death. This fact is only true for works created by a single owner.
Most copyrights have a duration determined by the type of entity that owns the copyright, the number of authors, and other factors. Joint ownership lasts for 70 years after last surviving author’s death.
What Rights Does a Copyright Holder Have?
Copyright holders have various rights, including the ability to reproduce, sell, and publicly display their work. According to copyright law, these rights are exclusive. Exclusivity means that the copyright holder is the only entity permitted to take certain actions.
Copyright holders have the following rights:
- Create derivative works based on the source material
- Distribution
- Lease or lend copies
- Make copies of the work
- Perform original copyrighted work
- Publicly display the copyrighted work
- Sell or transfer ownership
Copyright infringement occurs when someone uses the work without permission or a legal defense such as fair use. If someone infringes upon your rights, consider exercising your options for remedy.
24 projects on CC
What Are Your Legal Rights If Someone Infringes Upon Them?
Depending on the circumstances, you can settle the dispute in or out of court if for infringement cases. You can’t legally enforce your copyright ownership rights without registration. Additionally, the infringer won’t face prosecution.
However, there’s a process if someone infringes on your copyright and you haven’t registered it yet. Start by contacting the infringer and request that they stop. Most business owners end up hiring a copyright lawyer to send a cease and desist letter.
However, if you have a copyright registration, your cease and desist will always be more persuasive when the person knows you have the right to sue if they ignore you.
How Much Does It Cost to Get a Copyright?
While there’s an expedited process, copyright registration costs are $35-$55 for non-expedited copyright filings. In the grand scheme of things in the business world, this filing fee is relatively nominal. Expedited registration costs can exceed $800, not including preparation costs.
Beyond that, you won’t be able to take any formal or legally binding actions until you register your work with the copyright office.
Examples of Copyright Basics
Understanding how copyrights work is more straightforward with examples. Below, we’ve created a few common examples to help you understand copyright basics:
Copyright Example 1. Music and Merchandise
Here’s a copyright example involving a local recording artist:
- Omar is an Americana and folk artist in Montana
- He writes, records, and performs music as part of his work
- He also operates a website that helps him sell music and merchandise
- Omar’s copyright lawyers advise him to register and affix a copyright symbol
- Omar’s web designer places a copyright symbol in the IP footer of his site
- Omar’s graphic designer includes the copyright on his printed materials and graphic design works
- Omar feels safe and secure that his IP remains protected over the course of his career as a local recording artist
Copyright Example 2. Orchestral Scores
Here’s a copyright example involving a composer:
- Luis is a conductor for a regional philharmonic orchestra
- He is creating an original score for the orchestra to perform in a few years
- Upon completion, Luis speaks with his copyright lawyers
- Luis decides to register a copyright after speaking with them
- Luis retains his Original Work of Authorship (OWA) over the score
- The score is a massive hit with audiences
- A metropolitan orchestra becomes impressed with his compositions
- Luis accepts a job offer and signs a contract with them
- Luis’ OWA permits him to perform his score with the new orchestra
Image via Pexels by Suzy
Copyright Example 3. Website Footers
Here’s an example of a copyright for a website:
- Milo owns a company that manufactures disinfecting wipes
- His company, Hawthorn Wipes, operates a website that sells direct-to-consumer
- Milo also invests in search engine optimization and content
- He is right to feel concerned about IP theft
- Milo does a quick online search and thinks he should add a copyright symbol to the footer
- Milo is an agile business owner and makes website changes through his CMS
- Hawthorn Wipes’ web content is now protected from fraud or theft
This article also covers copyright basics.
What Is Copyright Registration?
Copyright registrations are verifiable records of a work’s creation date, owner, and content. The United States Copyright Office assigns a copyright registration number to a work after submitting an application and paying an application fee. In legal cases of plagiarism or infringement, this measure safeguards the copyright owner.
What Is a Copyright Search?
Copyright searches are necessary for using or registering copyright. Anyone can search the Library of Congress to perform one. From there, people can locate all recorded claimants for the specific query, including renewals and assignments.
Copyright vs. Trademarks
The primary distinction between copyrights vs. trademarks is that copyrighting generally protects creative works. On the other hand, trademarks preserve a brand’s trade dress.
However, they’re similar in that you don’t have to register them to use them but can if you wish to invoke certain legal protections and rights. Ownership also belongs to the original creator in both cases.
Get Help with Copyright Laws
Are you thinking about copyrighting your creative works of expression? It’s a wise idea since intellectual property is vital to your success. Instead of leaving your works unprotected, speak with copyright lawyers for legal help.
Post a project in ContractsCounsel’s marketplace to get free bids from intellectual property lawyers in our network. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
Meet some of our Copyright Lawyers
Brad H.
Brad is a business attorney with experience helping startup and growing companies in a variety of industries. He has served as general counsel for innovative companies and has developed a broad knowledge base that allows for a complete understanding of business needs.
Matthew R.
I am an attorney located in Denver, Colorado with 13 years of experience working with individuals and businesses of all sizes. My primary areas of practice are general corporate/business law, real estate, commercial transactions and agreements, and M&A. I strive to provide exceptional representation at a reasonable price.
George O.
George is a lifelong Houston resident. He graduated from St. Thomas High School and then Texas A&M University. He obtained his Doctor of Jurisprudence from South Texas College of Law in 2007. He is experienced in real estate, estate planning & probate, civil/commercial matters, personal, injury, business matters, bankruptcy, general counsel on-demand, and litigation. He is active in the community serving as past-president of the St. Thomas Alumni Board, a current member of the Dads Club Aquatic Center Board of Directors, current member of the Dickinson Little Italy Festival of Galveston County Board of Directors, and former PTO President for Briarmeadow Charter School.
Ramsey T.
My clients are often small and medium size technology companies, from the "idea" stage to clients who may have raised a round or three of capital and need to clean up a messy cap table. I help with all legal matters related to growth that keep founders up at night - hiring people, allocating equity, dealing with shareholders and investors, client negotiations and early litigation counseling (before you need a litigator). I've seen a lot, and because I run my own business, I understand the concerns that keep you up at night. I’ve been through, both on my own and through other clients, the “teething” pains that will inevitably arise as you scale-up – and I’m here to help you. I have over 20 years international experience devising and implementing robust corporate legal strategies and governance for large multinationals. I now focus on start-ups and early/medium stage technology companies to enable a sound legal foundation for your successful business operations. Many of my clients are international with US based holding companies or presences. My 17 years abroad helps me "translate" between different regimes and even enabling Civil and Common Law lawyers to come together. Regularly, I handle early stage financings including Convertible Notes, Seed and Series A/B financings; commercial and technology contracts; international transactions; tax; mergers and acquisitions.
October 30, 2020
Lyndsey G.
Attorney of 6 years with experience evaluating and drafting contracts, formation document, and policies and procedures in multiple industries. Expanded to estate planning last year.
November 4, 2020
Sammy N.
Sammy Naji focuses his practice on assisting startups and small businesses in their transactional and litigation needs. Prior to becoming a lawyer, Sammy worked on Middle East diplomacy at the United Nations. He has successfully obtained results for clients in breach of contract, securities fraud, common-law fraud, negligence, and commercial lease litigation matters. Sammy also counsels clients on commercial real estate sales, commercial lease negotiations, investments, business acquisitions, non-profit formation, intellectual property agreements, trademarks, and partnership agreements.
November 6, 2020
Christopher S.
Chris Sawan is a JD/CPA who practices in the area of business law, contracts and franchising in the State of Ohio.
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