Tag: copyright registration


Protect Your Work with Copyright


Protect Your Work with Copyright

 

Protect Your Work with Copyright

 

In the world of creative expression, originality deserves protection. That’s where copyright comes in. This legal instrument safeguards your creations, granting you exclusive control over their use and distribution. Copyright covers a vast spectrum of creative endeavors, including literary works, music, artwork, plays, and films.1 The moment you breathe life into your work, copyright protection automatically kicks in, typically lasting for your lifetime plus 70 years.2

 

Unveiling the Copyright Mystery

 

Think of copyright as a shield defending the unique way you express an idea. Copyrights empower their owners to decide how their work is reproduced, distributed, displayed, performed, or even transformed into derivative works.3 Copyright protection is yours from the moment of creation, without any formal registration process.4 However, registering your work with the U.S. Copyright Office unlocks several advantages:

 

  • A Public Seal of Ownership: Your copyright claim gets etched in a public record, serving as undeniable proof of your authorship.
  • Federal Court Access: If someone infringes on your copyright, registering allows you to pursue legal action in federal court and is considered prima facie evidence in a court of law of the validity of the copyright if made before or within five years of publication.
  • Enhanced Damages: Winning a copyright infringement lawsuit with a registered work might entitle you to statutory damages and attorney’s fees.5

 

Securing Your Creative Realm

 

There are two primary paths to securing copyright protection:

1. Publish with a Copyright Notice: This includes the copyright symbol ©, the publication year, and your name as the copyright holder.

 

2. U.S. Copyright Office Registration: To register with the U.S. Copyright Office, you must complete an application, submit the nonrefundable filing fee, and provide a non-returnable deposit (a copy or copies of the works being registered).6

 

Areas Beyond Copyright’s Reach

 

Copyright doesn’t extend to facts, mere ideas, systems, methods of operation, titles, slogans, or short phrases.7 Additionally, it doesn’t cover unoriginal works like blank forms, government documents, or those already in the public domain.8

 

The Enduring Legacy of Creativity

 

Generally, copyrighted work created after January 1, 1978, is protected for the author’s lifetime plus 70 years.9 For anonymous, pseudonymous or works made for hire, protection lasts for 120 years after creation or 95 years after publication, whichever comes first. 10

 

Unlocking the Benefits of Copyright

 

Copyright empowers you to hold the reins on how your work is used. You can sell, license, or even give away your copyright rights.11 Moreover, you have the legal grounds to take action against anyone who infringes upon your copyright.12

 

Safeguarding Your Creative Investment

 

If you suspect someone of infringing on your copyright, you can send them a cease-and-desist letter. If they persist, you have the option to file a lawsuit against the infringing party.

 

Remember:

 

If you suspect someone of infringing on your copyright, you can send them a cease-and-desist letter. If they persist, you have the option to file a lawsuit against the infringing party.

 

  • Document your work: Keep drafts, sketches, emails, and anything else that chronicles your creative journey.
  • Display the copyright notice: Include it on all published works.
  • Consider registration: Registering with the U.S. Copyright Office strengthens your claim.
  • Seek legal counsel: Consult an attorney for tailored advice on copyright law.

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for specific legal guidance on copyright law.

 

 

1Copyright.gov: Copyright in General,https://www.copyright.gov/help/faq/faq-general.html#:~:text=Copyright%2C%20a%20form%20of%20intellectual,%2C%20computer%20software%2C%20and%20architecture (last visited February 6, 2024).

 

2 Copyright.gov: How Long Does Copyright Protection Last?,https://www.copyright.gov/help/faq/faq-duration.html#:~:text=As%20a%20general%20rule%2C%20for,plus%20an%20additional%2070%20years (last visited February 6, 2024).

 

3Congressional Research Service: Copyright Law: An Introduction and Issues for Congress, https://crsreports.congress.gov/product/pdf/IF/IF12339#:~:text=Exclusive%20Rights%20of%20Copyright%20Owners,%2C%20sequel%2C%20or%20dramatization (last visited February 6, 2024).

 

4Copyright in General,https://www.copyright.gov/help/faq/faq-general.html#:~:text=Copyright%2C%20a%20form%20of%20intellectual,%2C%20computer%20software%2C%20and%20architecture (last visited February 6, 2024).

 

5 Id.

 

6Id.

 

7Id.

 

8Id.

 

9: How Long Does Copyright Protection Last?, https://www.copyright.gov/help/faq/faq-duration.html#:~:text=As%20a%20general%20rule%2C%20for,plus%20an%20additional%2070%20years (last visited February 6, 2024).

 

10Id.

 

11Copyright Law: An Introduction and Issues for Congress, https://crsreports.congress.gov/product/pdf/IF/IF12339#:~:text=Exclusive%20Rights%20of%20Copyright%20Owners,%2C%20sequel%2C%20or%20dramatization (last visited February 6, 2024).

 

12 Id.

 



Non-U.S. (foreign) copyrighted works should be registered with the U.S. Copyright Office


by Henry Park, Esq.
Of Counsel and Registered U.S. Patent Attorney
Copyrights are territorial rights, which means that they are granted by—and limited to—the jurisdiction in which the copyright claimant seeks protection. To avoid this limitation, 171 countries have signed the Berne Convention for the Protection of Literary and Artistic Works.

 

Under the Berne Convention, signatories recognize that the works from one contracting state must be given the same protection in each of the other contracting states as the latter gives to its own nationals. See Berne Summary at http://www.wipo.int/treaties/en/ip/berne/summary_berne.html (1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union […] the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.

 

See Berne Convention, Article 5(1) at http://www.wipo.int/treaties/en/text.jsp?file_id=283698#P109_16834. Moreover, that protection must not be conditioned upon compliance with any formality. See supra Berne Summary.

(2) The enjoyment and the exercise of these rights shall not be subject to any formality[.]
See Berne Convention, Article 5(2) at http://www.wipo.int/treaties/en/text.jsp?file_id=283698#P109_16834.

Non-U.S. copyrights, Best Law Firm in Brooklyn New York | Law Firm of Dayrel Sewell

When the U.S. became a signatory to the Berne Convention, it amended its copyright laws through the Berne Convention Implementation Act of 1988. Specifically, the U.S. amended Section 411 to require the registration of only domestic works before a copyright lawsuit can be filed. See 17 U.S.C. § 411(a).

Thus, a non-U.S. copyright claimant (i.e., foreign claimant) can initiate a copyright infringement lawsuit in the U.S. based on its foreign copyrights without registering them.

 

The U.S., however, did not amend Sections 410(c) or 412. Section 410(c) grants a presumption of validity to registered works, which affects the order of proof. See 17 U.S.C. § 410(c). Section 412 makes timely registration a prerequisite for certain remedies: the award of statutory damages and of attorneys’ fees. See 17 U.S.C. § 412.

 

[The committee] has concluded that the statutory incentives for registration contained in the provisions of sections 410(c), 412, and 205 of the Copyright Act are not preconditions for the ‘enjoyment and exercise’ of copyright. While those provisions substantially enhance the relief available to the proprietor of a registered work, they do not condition the availability of all meaningful relief on registration, and therefore are not inconsistent with Berne.

 

Elsevier B.V. v. UnitedHealth Group, Inc., 93 U.S.P.Q.2d (S.D.N.Y. Jan. 10, 2010) (quoting from Senate Report No. 100-352).
To avail oneself of the benefits associated with Section 412, the copyright holder must timely register its works.

 

 

– for an unpublished work, that the work is registered before any infringement

– for a published work, that the work is registered within three months of its first publication See 17 U.S.C. § 412. Once timely registered, the copyright holder may claim statutory damages instead of having to prove actual damages and the actual infringer’s profits. See 17 U.S.C. § 504(c). Statutory damages are determined by the court and range from between $750 – $30,000 per infringed work, and can go up to $150,000 per work if the infringement was willful. See 17 U.S.C. § 504(c). Additionally, the copyright holder may recover its costs and, if it is the prevailing party, its reasonable attorney’s fees. See 17 U.S.C. § 505; see also Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. ___ (2016) (a court examines a variety of factors when determining whether to award attorney’s fees, but should put substantial weight on the reasonableness of the losing party’s position). Both of these benefits are particularly strong negotiating tools. Thus, foreign copyright claimants should timely register their foreign copyrights with the U.S. Copyright Office to avail themselves of all potential relief under U.S. Copyright Law.