Last time we talked about trademarks. Now, let’s focus on copyrights.
Copyright literally means the “right to copy”. Books, reports, songs, websites, lyrics, melodies, pictures, software, poetry and other original, creative expressions can all be copyrighted (protected) by filing an application for registration with the U.S. Copyright Office.
However, these original works are protected whether you actually file the copyright application or not. In fact, your artistic work has copyright protection the moment it is created and converted to a tangible form. So, once you right it, it’s copyrighted. Once you paint the picture or draw a diagram, it’s copyrighted. And, once you take a photograph, and convert it to a tangible form, it is copyrighted. You can choose to use the © symbol or not, although I highly recommend using it.
The advantage of filing the application is that in the event that someone violates the copyright protection on your intellectual property, then you have a right to statutory damages and attorney’s fees. Without the official copyright registration, if your copyright protection is violated, you are limited to the damages you can actually prove (which will likely be difficult and costly to prove); and you will still be required to file the copyright registration prior to bringing a lawsuit against a potential infringer.
Copyright protection on your original, creative expressions lasts for your lifetime plus seventy years. During that time, nobody can use or profit from your copyrighted material without your prior, written permission (with a few exceptions). Copyright is one of the cheapest forms of intellectual property protection available. The application form can be downloaded from the U.S. Copyright Office website and the filing fee is about $35.00. It takes about two months for approval.
Copyright protection through the U.S. Copyright Office is so inexpensive that I urge you to take the time to file for protection with them. However, even if you choose not to do so, remember that your material is protected as soon as you create it, so don’t forget to put the world on notice of your ownership by using the © symbol like this:
© 2011 [Name of Your Company] All Rights Reserved.
As with trademark protection, this is all a part of protecting your business assets and establishing a solid legal foundation. So get your creative swerve on! Assuming it’s your original expression, it’s copyrighted.
Wondering how to protect your client lists, recipes, marketing plans, financial information and business strategies? Next time I’ll tell you exactly how to do that.
I’ve always wondered exactly how the copyright works. You explained it in plain English – thank you! For $35 I’m going to do it. Any chance you could post the specific website URL?
Thanks Nicole, glad you found this helpful. The url directly to the registration site is http://www.copyright.gov/eco/. Let me know if you have any questions!
I agree – for $35 it is a no-brainer! As soon as my site is finished…
The link is also super helpful and I am bookmarking this page in my computer!
As always – Traci you make the hard stuff seem easy!
Rachel
Thank you Rachel! I’m glad this blog is helping people. That’s what I want to do! Your site is looking great!