Copyrights protect creative works and original works of authorship by giving creators and authors protection for their writings, illustrations, photos, movies, audio, and more. Rather than protecting a general idea, copyrights protect specific expressions of an idea and can be used to prevent others from copying and creating work substantially similar to the creator’s original form of expression. A copyright is a powerful tool for protecting intellectual property by effectively preventing others from making unauthorized copies of a creator’s original work. This article covers the fundamentals involved in copyright registration.

Advantage of Copyright Registration

Basic copyright protection is created automatically upon the production of an original work. Consequently, federally registering a copyright is not a requirement and failure to do so will not result in the loss of a copyright. Nevertheless, there are significant benefits to copyright registration in the United States, including the ability to enforce the copyright in federal court through a copyright infringement suit, the ability to recover damages as a result of the infringement, and compensation for attorney fees.

How to Register a Copyright?

The process of obtaining a copyright registration is relatively straightforward and inexpensive. Federal copyright applications are first filed with the US Copyright Office, where they undergo the federal review process before they can become finalized and registered. This process can typically take up to five months but can be extended depending on the subject matter of the application. The good news is that once the copyright application becomes a finalized registration, the applicant is retroactively protected from the date the application was filed.

Requirements for Registering a Copyright  

What type of work is copyrightable? Two main requirements must be met before a copyright application can be considered for registration.

1. The work must be fixed in a tangible medium.
2. The work must contain a “modicum” of creativity (original and independent creation).

These requirements prevent common words, phrases, shapes, and items from rising to the level of creativity required for copyright registration and ensure that the copyrighted work is truly an original work of authorship and creatorship.

What Work is not Copyrightable?

Works that do not have enough creativity and originality to legally merit copyright protection often include familiar symbols or designs, common phrases like “the sky is blue”, and ingredient lists and recipes. Moreover, abstract ideas that are not fixed in a tangible form also do not merit copyright protection. For example, while an original fantasy novel can be protected by copyright, the abstract idea for that novel before it is written into a fixed and tangible medium cannot be protected by a copyright

To find out if your work is copyrightable, contact us for a consultation.

Hiring a Copyright Attorney

Although the registration process is typically simple, it is in the best interest of the applicant to enlist the expertise of a trademark attorney who can navigate the nuances of enforcement and the subtleties of licensing, transfer, and fair use. Advanced preparation with the assistance of an attorney can help anticipate any potential obstacles that may arise in the application registration process and maximize the chances of prevailing against copyright infringers once registration is finalized.

Please contact us today if you require assistance in applying for copyright registration or pursuing an infringement matter for existing copyright.