Do I Need a Copyright Notice to Protect My Work?

Using a copyright symbol is a good idea for all items of intellectual property.

Under the original Copyright Act of 1909, publication was the key to securing copyright protection. In 1978, this rule was changed to provide better protection by allowing registration of unpublished works. Today, copyright protection automatically applies to many classes of work upon creation. However, numerous advantages still exist with the registration of any artistic works you create.

Copyright Defined

According to the U.S. Copyright Office, a copyright protects "authors of original works of authorship, including literary, dramatic, musical, and artistic" works. This law provides the copyright owner the exclusive right to: photocopy the work, prepare derivative works, distribute copies of the work whether for sale or free, perform or display the work publicly, and--in the case of sound recordings--to "perform the work publicly by means of a digital audio transmission." "Fair use" represents one major restriction of the law and provides individuals the opportunity to parody, comment upon and quote from copyrighted materials.

Who Can Claim

Copyright protection can be claimed only by the author or co-authors of a work. In instances where a work is commissioned by an employer or other entity, that employer is considered the author under copyright law. Minors may claim copyright but state law may prohibit certain business dealings. Works by authors and artists of American citizenship and works first published in the United States or in a "treaty" location generally can claim copyright. See the Copyright Office's basic facts (see References) for more detail.

Automatic Coverage

Registration is no longer required in order for a work to have copyright protection. According to the Copyright Office, "copyright is secured automatically when the work is created, and a work is 'created' when it is fixed in a copy or phonorecord for the first time." A work created over a long period of time is copyrighted as of the completion date of the various sections. Note that no "international copyright" exists; refer to a lawyer regarding laws in countries other than the United States. Using the copyright symbol (©) in association with your work makes it clear to potential thieves that you take your work seriously and would respond to misappropriation.

Advantages of Registering

Even though copyright protection applies automatically, serious artists still should register their work with the copyright office for several reasons. Registration establishes a public record of your claim. Registration is a prerequisite to making any claim of infringement in a court of law and--depending on the time frame in which you register--may affect restitution. Registration of your copyright provides you the additional option of registering with U.S. customs, thus protecting you against importation of fake copies.

How to Register

You can register your work with the Copyright Office online or via U.S. mail. You simply need a completed application, a nonrefundable filing fee and a nonreturnable copy of the work you wish to register. The government recommends electronic filing, which also has a lower fee of just $35 for basic items (vs. $65) as of 2010. However, some items (such as renewals) must be completed via paper and mailed. Processing times for items filed electronically averages nine months.

References

• U.S. Copyright Office: Copyright Basics
• U.S. Copyright Office: Copyright Forms