How to Obtain Copyrights for Your Small Business Materials

Copyrights are a type of protection designed specifically for artistic creations like music, writing or works of art. A copyright identifies and designates you as the owner of materials and can legally protect you, your design and your small business if someone infringes that copyright.

Instructions

Difficulty: Easy

Know What a Copyright Is

1. Protect your work regardless of whether or not you've registered it yet. A copyright is secured automatically when an artistic creation is produced, regardless of whether it is officially registered with any group or organization. However, a registered copyright offers tangible proof of copyright to provide legal protection for both published and unpublished materials.
2. Consider the rights afforded by a copyrights. A copyright allows the owner to produce copies of the original work, to prepare copies based on the original work, to produce copies for sale and to publicly perform or display the work.
3. Consider a patent or trademark. A patent legally protects inventions or discoveries and a trademark legally protects symbols associated with the commerce of your small business, while a copyright does not protect ideas or designs but the physical results of those ideas.
4. Remember that The Library of Congress grants copyrights for the life of the artist plus an additional 70 years.

Obtain a Copyright for a Product Related to Your Small Business

5. Fill out an application with the United States Copyright Office.
6. Pay the application fee to process your copyright application. The basic fee is $45, but application fees can vary and change, so check with the U.S. Copyright Office for current prices (see Resources below).
7. Provide copies of the work to be copyrighted with your application.
8. Consider that the date the copyright takes effect is the date the copyright office receives your completed application.

Protect Your Copyrighted Material

9. Use your copyright to prevent infringements. Official federal registration creates a public record of your copyright, which makes others aware of the copyright and allows you to easily file a suit in copyright infringement cases.
10. Keep a record of the date you obtain the copyright. The relation of this date to the date you publish your materials can affect the amount of compensation for damages associated with copyright infringement.
11. Hire a lawyer who specializes in copyright or intellectual property law if you take a copyright infringement case to court. Copyright law has many gray areas, so look for an attorney who has had prior success arguing cases like yours.

Tips & Warnings

• Budget several hours to thoroughly fill out your copyright application.
• Don't hesitate to register your copyright. If you do not officially register, it will be more difficult to legally prove copyright infringement.