Copyrights: A Primer

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What Is a Copyright?

United States copyright laws protect an original work of authorship, so the creator has the legal right to control the release, use, and distribution of their creations. If you are unsure whether you need to copyright your material, it helps to understand the basics of copyrights. This primer has answers from our Maryland business attorney to frequently asked questions about copyrights.

What Are the Requirements to Establish a Copyright?

Copyrights are automatic. They exist from the moment the author creates the work. The Copyright Act of 1976 governs copyrights in the United States. Additionally, the Digital Millennium Copyright Act (DMCA) was passed in 1998 to amend the Copyright Act to address copyrights and the internet.

According to §102 of Title 17, copyright protection exists in “original works of authorship fixed in any tangible medium of expression.”

Works of authorship include:

• Literary works
• Architectural works
• Musical works, including lyrics
• Sound recordings
• Graphic, pictorial, and sculptural works
• Dramatic works, including accompanying music
• Movies and other audiovisual works
• Choreographic works and pantomimes

However, copyright laws do not protect everything associated with a work of authorship. The following are not protected:

• Idea
• Discovery
• Procedure
• Concept
• System
• Principle
• Method of operation
• Process

Registering a work with the U.S. Copyright Office is not required to create a copyright. You also do not need to make a work with a copyright notice. However, registering your copyright and using copyright notices enhances your copyright protection.

What Are the Requirements to Create a Copyright?

Copyrights protect the expression in a person’s work from being copied. There are three basic requirements you must meet to create a copyright in your creative works:

Requirement One: Work of Authorship

The list of material subject to copyright laws is extensive. For example, literary works include anything written, including emails and letters. Pictorial works can include sketches and photographs. Sound records include speeches made in public.

A work of authorship is independently created with some level of creativity. It can be published or unpublished.

Requirement Two: Original Work

A work of authorship must be original for copyright laws to attach. However, the level of creativity is not a measure of copyright protection. Trivial and trite works enjoy the same copyright protections as great literary works and priceless works of art.

As long as the work was not copied from earlier work and has minimal creativity, it can qualify for copyright protection.

Requirement Three: Fixed Tangible Medium of Expression

A work is “fixed” when it is in a tangible, permanent form. A tangible form is one that can be perceived, reproduced, or communicated for more than a short time. Examples of tangible forms include, but are not limited to, written documents, photographs, computer drives, memory cards, stone, and canvas.

However, “fixed” does not mean the work is in its final form. Drafts also enjoy copyright protection.

What Are the Benefits of Registering a Copyright?

Copyrights are registered with the U.S. Copyright Office. Registered copyrights are public records of copyright claims. The benefits of registering your copyright include:

• You have the legal grounds to file a copyright infringement lawsuit (registration is required to file the lawsuit)
• You can request that U.S. Customs block any goods from being imported into the country that infringe on your copyright protection
• The legal presumption of the validity of the copyright if it was registered within five years of publication
• You can record security interests in copyrighted material
• You can recover statutory damages and attorneys’ fees for an infringement claim that occurs after registration or within three months of publication

The benefits of registering a copyright far outweigh the time and cost of the registration process. Generally, copyrights for works created after January 1, 1978, last for the author’s lifetime plus 70 years, though some exceptions apply.

Exclusive Rights Granted to Copyright Holders

The Copyright Act of 1976 provides copyright owners with several exclusive rights. Those rights include:

• Reproduce the work
• Prepare derivative works
• Distribute copies publicly
• Display or perform the work publicly
• Sell copies of the work or the original work

If a party uses copyrighted material in any of the above ways without permission, the owner can sue for copyright infringement. Common defenses include fair use and copyright misuse.

The fair use doctrine considers the purpose of use, nature of the work, amount used, and economic effect on the market to determine if use was justified.

The copyright owner can also assign their rights or grant licenses for limited use.

How Do I Register a Copyright?

Registering a copyright begins by filing an application with the U.S. Copyright Office. You must complete the application, pay the fee, and submit copies of your work. It’s generally best to file online for lower cost and faster processing.

Consult a copyright attorney if you’re unsure whether your work qualifies, especially for complex cases like works made for hire or those created by contractors.

Contact Us to Schedule a Consultation with Our Maryland Business Attorney

Contact our law office if you would like more information about filing a copyright or protecting your copyright. Our Maryland business attorney assists clients in registering and protecting their original works.