18 Feb 2008 04:38:22 | Anthony Bressi
Copyright protection is a very hot topic nowadays. It seems like
every time we browse a newspaper there is another article about
it. Turn on the television and a famous Actor/Actress or
Musician is talking about the importance of it. From Napster and
file sharing controversies to famous movie infringement cases,
copyright is everywhere. In this article we will define
copyright at its simplest, look at the reasons why creative
people would copyright something, list work types that can be
copyrighted, and finally we will look at some options of how to
copyright protect a work and offer some tips.
A Simple Definition of Copyright
Copyright protection at its very simplest defines that the
creators of a work (a song, software program, etc.) own all
legal rights to that work and basically anyone else must gain
permission from the creators in regards to use of the work. More
particularly, copyright is a form of protection governed by the
courts that outlines that the Authors (creators) among other
things, may distribute copies of their work, reproduce it,
perform or display the work publicly, and prepare derivatives.
You the creator may grant permissions to others to use your
work, the types of permissions or licenses you grant is up to
you. If someone illegally uses your work without your permission
you may have the right to seek rewards for damages.
Why Register My Copyright?
First and foremost it must be noted that Copyright is secured
automatically when the work is created in a "fixed form". So for
instance, copyright is automatically achieved when a song is
recorded to a device, or when Advertising copy is written down.
So if copyright is automatic then why file with the Copyright
Office?
In the United States, US Copyright registration is "an event of
public record" that the courts recognize as sufficient to
protect/defend a claim. It is likely the single most important
artifact when defending ownership. Without it, it can be much
more difficult, time consuming, and costly to defend your claim
to ownership. With registration you may be eligible for
statutory damages in successful litigation.
We've probably all heard rumors that sufficient copyright proof
can be achieved by simply mailing yourself a copy of your work.
That is not true. In regards to this practice the Copyright
Office has stated: "There is no provision in the copyright law
regarding any such type of protection, and it is not a
substitute for registration." In fact there are no cases on
record in the US in that mailing the work to oneself was
sufficient enough to defend a claim.
What Types of Works Can We Copyright?
The following list is not all-inclusive, but notes some of the
most common work types that are eligible for Copyright
protection: Songs, Musical Compositions, Books, Computer
Programs / Software, Websites, FTP Sites, Semiconductor Chips,
Poetry, Speeches, Dissertations, Individual articles,
Manuscripts, Compilations, Scripts, Motion Pictures, Music
Soundsheet, Booklet & Poster, Theses, Secured Tests, Pamphlets,
Advertising copy, Newspapers, Sound Recording (Recordings of
lectures, theatrics, etc.), Musical Compositions (including
accompanying lyrics), Radio Shows, Television Programs,
Periodicals, Directories, Catalogs, Brochures, Reference Works,
Games (text used in), Advertisements, Maps, Stencils, Models,
Cartoons, Architectural/Mechanical, Drawings, Paintings,
Patterns for sewing & needle crafts, Prints, Designs for
Jewelry, Fabric, Floor & Wall Coverings, Automated Directories.
How To Copyright
Okay, so by now you know what copyright is, you may believe
that it is right for your work, and you have determined that
your work can be registered for copyright. So exactly how do you
register a work for copyright protection? The good news is that
you have several options. Some options can be costly, others
very reasonable. Your decision will likely come down to a mix
between your comfort level with the registration process and
cost. Tip: Before paying for one of the commercial options below
you may want to check the number of applications that your are
allowed to file for the price you are paying. This is likely
more important for someone like a musician that writes a new
song every month than it is for an author that writes a new book
every few years. Also, find out if the Copyright Office fee,
usually $30, is included. Below are your most common options in
no particular order.
Intellectual Property Attorneys
This is usually the most expensive option, but with that cost
you get piece of mind. An attorney or his/her legal assistant
will ask you a series of questions about the work, they will
instruct you in regards to exactly what tangible pieces of your
work you must gather in the appropriate form as required by the
Copyright Office, and ultimately will ensure that your work gets
registered. A good attorney can provide expert guidance.
Copyright Software
There are a couple of computer software packages, like Essential Software Inc.'s
"Essential Copyright", that provide an easy-to-use software
wizard that walks you through the process step-by-step. The
software helps you choose the correct forms to file and provides
instructions and examples throughout the process. Copyright
software packages typically enable you to file an unlimited
number of applications with one license. This option is ideal
for computer savvy do-it-yourselfers that want to save a buck.
Online Copyright Services
Though typically a bit more expensive than Copyright software
packages the offerings are similar. There is a large number of
Application Service Providers online that offer copyright
services. Most online services offer a wizard-style interface
that walks users through the process. Often instructions are
provided to help fill out the forms. If you are comfortable with
an online transaction of this nature this may be a good option
for you, simply go to Google
and search on "copyright" and you should see several providers
listed.
Do-It-Yourself
You can download the forms yourself from the US Copyright
Office at www.copyright.gov. This is
the most economic option available, at the time of this writing
the US Copyright Office typically charges $30 per application.
You will need to choose the right form for your work type, but
the Copyright Office does a fairly good job of organizing their
forms so users can find what they need. Browse through their
online Circulars for instructions on how to fill out the forms
and what materials you will need to send in. With a little
research and work you can do it all yourself.
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