The Process for Copyrighting
It is important to understand that there is a distinct difference between the process for copyrighting and registering a copyright. In the United States, a copyright exists in an completed work without the need for formal registration. There are cases in the United States that take this a step further and conclude that a copyright exists in a substantially completed work. A copyright legally is defined as an interest in any information or idea that is substantive, discrete and in a fixed medium.
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Misconceptions
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There are numerous misconceptions that are associated with the process for copyrighting. Many individuals -- including writers, musicians and the like -- believe that in order for a copyright to exist it must be registered with the U.S. Copyright Office. Another common misconception is that a copyright can be created by mailing a copy of the material at issue to one's self. There is a wealth of other erroneous ideas associated with the process for copyrighting.
Considerations
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When an individual completes work on something that falls within the purview of the copyright laws, they do have the option to have that material registered with the U.S. Copyright Office. The registration process is fairly easy and requires the completion of an application, a submission of the material subject to the copyright interest and the payment of a fee. The real issue is whether a person wants to take the time and spend money on the fee to register a copyright.
Benefits
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In the absence of a registered copyright, the holder of the copyright can obtain actual damages from any person who has violated that interest. If an individual takes the added step of registering his or her existing copyright interest, that person can also obtain statutory damages and attorney fees in the event that someone violates that intellectual property interest. In other words, in the event of a lawsuit, the copyright owner can get a larger recovery.
Time Frame
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It is important to stress that a copyright is automatic the moment an idea or concept is placed into a fixed medium. For example, when a writer puts pen to paper (or types and saves words on a computer) the copyright interest commences as to the idea or concept. This happens instantaneously. If an individual is interested in registering a copyright, that process is relatively fast-paced, particularly when contrasted with with the steps that need to be taken to obtain a patent or trademark.
Expert Insight
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One step that an individual will want to take in regard to a copyright is placing an appropriate notification of that interest. Keep in mind that this notification is not required to perfect a copyright. The notice provides additional evidence of a copyright interest, however. The notification can take the form of:
© Mary Doe 2009
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