Copyright Search: How to Run One
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What Is a Copyright Search?
A copyright search is a search that an individual conducts to see if the intellectual property they are planning to create is original. Before a person writes a book or poem, creates a work of art, or records a song, they need to ensure that their work is not a duplicate of an already existing tangible form of expression .
For the most part, the copyright for art is established when the art is created. To further ensure that the work is protected, many artists choose to register their creations to establish copyright protection.
The most extensive database for copyright searches is the Library for Congress Copyright Office. This copyright public records catalog is available online to everyone. The catalog will include information about who owns rights to what intellectual property, and it will show what works are protected are available for public use.
Click here to learn more about copyright searches and research services.
How Copyrights Work
A copyright provides an artist with a set of exclusive rights to the work they have created. Anything an artist makes, whether an author writing a book or a musician recording a song, is considered intellectual property. The original artists have the right to protect their creations.
Copyrights protect original work from:
- Duplication
- Alteration
- Distribution
Some of the different types of work that copyright can protect includes:
- Paintings
- Photographs
- Illustrations
- Musical compositions
- Sound recordings
- Computer programs
- Books
- Poems
- Movies
- Architecture
- Blogs
Any of the above creations are considered “original” when created by someone independently without copying anything. According to the Supreme Court, in order for a work to be creative, it must have a “spark” and “modicum” of creativity. Copyrights protect expression, not ideas, concepts, or discoveries.
Some works can be created but are not considered “creative” and therefore are not automatically protected by copyright laws. A few examples include:
- Titles
- Names
- Phrases
- Slogans
- Symbols and designs
To protect these works, the creator usually needs to apply for a registered trademark.
What most people don’t realize is that everyone is a copyright owner. The instant that you create something that is a tangible form of expression, you are the owner of it. Under United States copyright laws, owners of original art have the following exclusive rights:
- The right to reproduce your work
- Distribute copies of your work by sale, lease, or lending
- Publicly perform the work
- Display your work
- Create more work based on the original
- Authorize others to share these rights
To learn more about copyrights and what they protect, check out this article .
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How Do I Run a Copyright Search?
Running a copyright search can be complicated and confusing. You must know what you’re looking for, where to look, and how to find it. A great place to start is at the Library for Congress Copyright Office website, which has a searchable database.
Follow these steps to run a copyright search:
- Go to the Copyright website: Start your search by going to copyright.gov . On the Copyright homepage, there is an option to search copyright records.
- Locate the database: Click the link provided on the homepage that says, “ Search our Copyright Public Records Catalog online here .”
- Basic Search: This link will redirect you to the search feature for the catalog. There is an empty field labeled “search for,” where you can type your search.
-
Choose a method to search by: After typing in your search, choose from the dropdown list of methods that include:
- Title
- Name
- Keyword
- Registration number
- Document number
- Command keyword
- Run the search: Click the command “run search” to reveal a list of results. You have the option to choose how many results will show on the page and how the results are sorted.
If you are having difficulties finding the copyright you are looking for, you can choose the “Other Search Options” tab to run a more narrowed and direct search with set limits.
Consider following these tips to make conducting a copyright search more manageable and more productive:
Tip #1: Determine what you are looking for. Your search methods could vary depending on what you are looking for. This is especially true about the date of the work you are trying to locate. All copyright records from 1978 on are recorded in the database on the Copyright Office website. Searching for something before that date may make your search more complicated.
Tip #2: Copyrighted works before 1978. If you already know that the work you are searching for was created before 1978, you shouldn’t waste your time with an online search. When searching copyrights before 1978 you can visit the Library of Congress in Washington DC. Here, a card catalog can be accessed in person. For people in other parts of the country, most public libraries carry a copy of the CCE or Catalog of Copyright Entries.
Tip #3: Narrow your search. Your search methods will differ whether you are trying to identify the actual owner of a work or if you are just trying to see if the work has entered public domain. Any work that was published before 1923 will be in the public domain. Works published between 1923 and 1963 are protected for 28 years if the copyright was not renewed and 95 years if the copyright was renewed. If the work you are looking for was published later than 1923, you can assume it is copyrighted.
Tip #4: Hire a professional to help. Conducting a copyright search on your own can be tedious and confusing. You can contact an intellectual property lawyer to assist you in your search if you are having trouble.
Image via Pexels by Andrea
Checking For Copyrighted Names
It is possible to run a search for the name of a copyrighted piece of work. This can be done through a basic search on the Copyright Public Records Catalog online by selecting “Name” from the “search by” dropdown list.
However, actual names cannot be copyrighted, so there is no need to check for them. To copyright an original work, it must be a creative work or a tangible form of expression . The Supreme Court does not classify names in this protected category.
Names can still be considered intellectual property, and there are other ways that a person can protect their name. If individuals want to have exclusive rights to their name or a slogan, they can submit a trademark application to the United States Patent and Trademark Office. More information about this process can be found on the USPTO website .
If the application is approved, the name or slogan is now protected intellectual property. This gives the owner similar exclusive rights like copyright.
Who Needs a Copyright Search?
A copyright search is needed by anyone who plans to create something tangible and wants to be sure that they are not copying someone else’s work. This can apply to artists, musicians, writers, or any other person who creates a fixed work.
Copyright protection is established as soon as the creative work comes to fruition, and the original artist has exclusive rights to their work. If the work is duplicated, distributed, or altered, the original creator can sue for copyright infringement.
Conducting a copyright search will help you avoid duplicating copyrighted work and save you from a potential lawsuit from the original creator.
Get Help with a Copyright Search
Do you have questions about running a copyright search and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from intellectual property lawyers specializing in copyright laws and copyright searches.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Walid J. Tamari, founder and named member of Tamari Law Group, LLC, is widely recognized as one of the nation's top litigators. In 2018, Mr. Tamari was one of only 25 attorneys in the United States to be recognized by the prestigious National Law Journal as a Trailblazer Lawyer. The publication features lawyers who have “shown a deep passion and perseverance of their mission, having achieved remarkable successes along the way.” In addition, America's Top 100 Attorneys® and the National Trial Lawyers have included Mr. Tamari in their top 100 Illinois attorneys lists and the Business Tort Trial Lawyers Association has also selected Mr. Tamari in its “Illinois Top 10” list. Further, for several years, Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms has chosen Tamari Law Group as one of approximately 25 ranked litigation firms in Illinois. Mr. Tamari is also the past national chair of the Commercial Law League of America's complex commercial litigation committee, a committee comprised of attorneys throughout the nation who practice complex litigation. A distinguished litigator, Mr. Tamari represents clients in high-stakes and high profile civil litigation. He provides clients with result-oriented legal advice and representation in a wide-range of disputes, including claims relating to breach of contract, negligence, business tort and pharmaceutical liability litigation. Mr. Tamari has appeared on CBS News, NBC News, WGN News and Fox News and has been quoted in, among other publications, Forbes, Crain's Chicago Business, Chicago Tribune and the Chicago Sun-Times. Mr. Tamari also teaches entrepreneurship law at Loyola University of Chicago's Graduate School of Business. Committed to giving back to the community, Mr. Tamari has established scholarships at the University of Chicago Laboratory Schools and Loyola University of Chicago's Graduate School of Business. He has served on national advisory boards at Loyola University of Chicago, the University of Chicago Laboratory Schools and Northwestern Medical Faculty Foundation's Neurosurgery Council.
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Arizona
Can I use a copyrighted image for a personal project?
I am a graphic designer and I came across a stunning image online that I would like to use for a personal project. However, I am unsure about the copyright implications of using this image without permission. I have tried conducting a copyright search to find information about the image's copyright holder, but I haven't been able to find any relevant details. Can I proceed with using the image for my personal project, or do I need to obtain permission from the copyright holder?
Connie M.
You usually need to get the permission of the owner of the photograph which is usually the photographer. Check the metadata or do a reverse image search to help you find the owner.
Intellectual Property
Copyright Search
Texas
Is it necessary to conduct a copyright search before using a specific image for commercial purposes?
I am a freelance graphic designer and I recently came across a striking image that I would like to incorporate into a client's commercial project. However, I want to ensure that I am not infringing on any copyright laws. I have heard about copyright searches, but I am unsure if they are necessary or if there are any potential legal consequences for using an image without conducting such a search. I want to make sure I am taking the necessary precautions to protect myself and my client from any legal issues.
Randy M.
When you’re preparing work for a client, the key issue isn’t whether you’ve run a formal copyright search, but whether you have the legal right to use the image. Copyright law automatically protects most images, so relying on the absence of a watermark or a registration record isn’t enough to keep you safe. Copyright Protection and Ownership Under U.S. law, copyright attaches the moment an original work is created and fixed in a tangible form (17 U.S.C. § 102). That means virtually every photo, illustration, or graphic you find online is already protected. Registration with the U.S. Copyright Office strengthens enforcement rights, but it isn’t required for protection. Likewise, the lack of a © symbol doesn’t mean an image is free to use. Because there’s no central database covering all copyrighted images, a formal copyright search isn’t practical or reliable in most cases. Even if you searched the Copyright Office’s records, you’d only be looking at registered works, which are a small fraction of what’s actually protected. Risks of Using Unlicensed Images If you incorporate an image without permission into a commercial project, you and your client could face serious consequences. Infringement can lead to cease-and-desist orders, statutory damages of $750 to $30,000 per work (and up to $150,000 for willful infringement) under 17 U.S.C. § 504(c), and potential liability for the copyright holder’s attorney’s fees. Courts generally view commercial use as disfavoring any “fair use” defense. Even if you didn’t intend to infringe, liability can still be imposed. Best Practices for Designers The best practice is to focus on obtaining images from sources where the licensing terms are clear and legally sound. For example: • Use reputable stock photo agencies such as Adobe Stock, Shutterstock, or Getty, where commercial licenses are explicit. • Choose Creative Commons images that allow commercial use (e.g., CC BY or CC0), but review license terms carefully. • Confirm public domain status when applicable, such as U.S. federal government works. • Contact creators directly for written permission if you want to use their work. • Keep copies of receipts, license agreements, or permission letters so you can show proof of rights if challenged. Reverse image search tools like Google Images or TinEye can be useful to trace the origin of an image and identify whether it’s sold or licensed by a third party. However, this is a step in due diligence, not a substitute for obtaining rights. Professional Responsibility As a freelance designer, your contracts may hold you responsible for ensuring that the materials you deliver don’t infringe anyone else’s rights. Delivering work that exposes your client to infringement claims can damage your reputation and your client relationship. The safest practice is to assume that any image you didn’t create yourself is protected until you confirm otherwise and secure the proper license.
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