Remember, it isn’t enough just to be the first to voice your idea or invention. If you tell someone your idea, but that person describes it in their own words in a tangible form (e. g. , writes it down) first, then that person owns the copyright of that description, not you. This “first to record” rule would not apply if you authorized the person to record your words for you, as you remain the “author” of the words that they record. Under US law, you do not own the copyright of a recording you make of a live public performance of music unless you obtained the permission of the performers. [4] X Research source 17 USC Chapter 11 You could be sued for infringement for making it or sharing it online or anywhere else.
movies and soundtracks choreography and dramatic works songs and sound recordings artistic works like paintings and sculptures computer software programs architecture plans and drawings[6] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source
facts or concepts domain names slogans systems or methods of operation names (including band names) or titles[7] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source works created by the US government[8] X Research source 17 USC § 105 works in the “public domain”, i. e. , having an expired or void US copyright.
Your exclusive rights are subject to limitations such as “fair use”, “first sale”, certain educational and non-profit uses, backup (archival) copies of computer programs, among other things. [10] X Research source 17 USC §§ 107 to 122. You may choose to authorize others, via license, to exercise some or all of your exclusive rights either for compensation or as a courtesy. You cannot prevent others from making personal copies of sound recordings that they lawfully acquired, provided it is non-commercial use of the recording device. [11] X Research source Audio Home Recording Act of 1992, 17 USC § 1008.
If a work is created by an employee as part of their work, then the employer is considered “the author” and owns the copyright. If you hire an independent contractor, they own the copyright of their creations unless expressly agreed otherwise in a signed writing. This is important if you hire an independent contractor and you want to own and enforce the copyright in the resulting works. [12] X Research source 17 USC § 201. Complex issues arise when collaborating with others in a jointly authored work. Not all types of works qualify as “works for hire” under an independent contract, meaning the resulting ownership may be different from what was intended, absent a clear transfer of ownership. [13] X Research source 17 USC § 101, definition of “work made for hire”, listing nine types of works.
Works created prior to 1978 may be subject to different duration rules, depending on when they were created, when or if they were published, how they were created, what types of works they are, and whether the copyright was renewed. . [15] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source You can find an overview of various copyright terms here. There is no longer any need to renew a copyright. Works published in or after 1964 automatically have their maximum copyright term. For works published after 1922 and prior to 1964, the chance to renew expired 28 years later. [16] X Research source Those works would have a copyright with duration of 95 years, if renewed, regardless of when the authors died. Works of US authors published in the US without proper copyright notice or registration (prior to 1989) and any necessary renewal (published prior to 1964) have no US copyright. Since the copyright to your creation will extend beyond your life, you should consider to whom you would like to leave the rights to your work when you die. [17] X Research source Keep your copyrighted work in mind when writing a will or creating an estate plan. You may also transfer ownership of your US copyrights to others by a written and signed document, but it will have the same duration as before transfer regardless of who owns it. [18] X Research source 17 USC § 204 Transfers may be recorded in the Copyright Office. Sound recordings first published in the USA prior to 1972 have no US federal copyright, but may be protected against unauthorized duplication under various state laws until 2067. Different rules for duration may apply to works first published in a foreign country.
A registered copyright is a matter of public record. Registered copyright holders receive a certificate of registration from the U. S. Copyright Office. You must register your copyright before you bring a lawsuit related to infringement of your work. [19] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source Works with timely registration may be eligible for statutory damages and attorney’s fees if you win a lawsuit to protect your rights. [20] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source If you register your work within five years of the first publication of the work, the registration is considered prima facie evidence, which puts the burden on the other party to prove that they had a copyright to the original work before you did. [21] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source [22] X Research source
A comprehensive tutorial is available here. You will need to create a digital version of your work and upload it with the application. You can also request a shipping label so that you can mail your work to the office, instead. [23] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source Pay the filing fee online and submit your application. Refer to the Fee page of the U. S. Copyright Office to find the current filing fee for filing a copyright and write a check for the filing fee.
Print out the form and complete it. Refer to the form for guidance as to the number of copies of your work you need to include with your package and the mailing address. Make a copy or copies of your copyrighted work. Refer to the Fee page of the U. S. Copyright Office to find the current filing fee for filing a copyright and write a check for the filing fee. Package your application, check and copyrighted work together in one package. If you are mailing items like CDs, DVDs or other fragile materials, it is best to place them in a box with sufficient packaging so they do not get damaged.
If your application is rejected, you will be notified of the reason and given a chance to file an appeal. One basis for denial is for material that does not qualify for copyright.
A copyright notice should contain: the word “copyright" or a “c” in a circle (©) as well as the date of first publication and the name of the owner of the copyright. [26] X Research source
You can find a sample cease-and-desist letter here.
Register your copyright. You cannot sue in US federal court unless you have filed for a US copyright registration. [27] X Research source 17 USC § 411. Ask friends and associates for attorney referrals. You can also utilize referral services through your local or county bar association. Contact your local bar association and ask they operate a referral service. Where someone is unlawfully profiting from their infringement of your rights, or is depriving you of substantial income, or pre-releases a commercial work online, you may also file a criminal complaint. [28] X Research source 17 USC § 506.
