Copyrights

The Basics of Copyright

Copyright protects artistic and creative works such as music, paintings, movies or books. It applies regardless of whether or not they are published or distributed. A copyright owner has the exclusive right to reproduce, distribute, perform and display the work. A common misconception is that copyright protection is secured when a work is registered with the U.S. Copyright Office -- actually, protection begins when the work is created. It is not a requirement to register a copyright with the federal government, though there are several advantages to doing so.

Benefits of Registering a Copyright:

  • Registration must be obtained before commencing an infringement suit.
  • There is a public record of the owner's work and copyright registration, so ownership is easier to prove.
  • Federal registration allows an owner to register with the U.S. Customs Office to prevent someone from importing copies that infringe upon the work.
  • Owners may be able to seek attorney's fees and statutory damages in federal court during infringement suits.

Copyright Protection

Copyright only protects tangible expression only; ideas or facts are not protected. Names, slogans, symbols, and designs, which fall under trademark law, are not eligible for copyright protection. Likewise, business processes, machines, or inventions cannot be copyrighted because they are protected under patent law.

A common misconception about copyright protection involves sending a copy of your original work to yourself, usually by mail, so that you can later prove that you authored the material as of that date. There are no legal provisions for this so-called 'poor man's copyright,' and this method does not afford an owner the same rights as a federal registration.

Federal Registrations

CorpAmerica does not currently assist in copyright searches or filings. For more information about registering with the U.S. Copyright Office, click here.

Copyright FAQs

1. What is copyright?

Copyright protects creative works like music, movies, books, or paintings. A copyright owner has the exclusive right to reproduce, distribute, perform, and display the work.

2. Is a federal registration filing required?

Copyright protection begins automatically when a work is created, so federal registration is not required. However, there are certain benefits  to registering with the U.S. Copyright Office.

3. Where can I conduct a copyright search?

If the ownership details of an existing copyright are needed, the U.S. Copyright Office will assist in a search of its records for an hourly fee. No fee is required for an in-person search at the Library of Congress in Washington, D.C. Online searching of Copyright Office records is available on the Copyright Office's website.

4. Can CorpAmerica help me file for copyright protection?

CorpAmerica does not currently assist in copyright searches or filings. For more information about registering with the U.S. Copyright Office, click here.