Copyright Lawsuits: Frequently Asked Questions

• What is a Copyright?
• What does a Copyright protect?
• What is not protected by a Copyright?
• Who can claim a Copyright?
• Do I have to register my Copyright?
• What does Copyright Registration offer?
• How long does a Copyright last?
• What is a "Poor Man's Copyright?"
• What do I do if someone has infringed upon my Copyright?

What is a Copyright?

A copyright gives the creator or author of an original work ownership and rights over that work. A copyright may give the owner legal protection and allow the owner to prevent unauthorized parties from copying or reproducing this original work.

What does a Copyright protect?

Copyrights apply to both published and unpublished works. However, for copyright laws to apply, the work must exist in a tangible form, meaning it was written, recorded or stored electronically. Examples of works that are eligible for copyrights include:

• Litery works
• Musical works
• Dramatic works
• Pantomimes and choreographic works
• Pictorial and graphics
• Motion pictures and audiovisual works
• Audio and sound recordings
• Architectural works

What is not protected by a Copyright?

In some instances copyright protection does not apply. Examples of this include:

• Works that are comprised entirely of information that is considered common knowledge.
• Concepts, ideas procedures, systems and discoveries that do not exist in a tangible form
• Titles, names, phrases, slogans, common symbols, lettering, coloring, and lists of ingredients.

Who can claim a Copyright?

Copyrights belong to the person who created the work and take effect the moment that work is created.

In cases where the work was done for hire, for example in the case of an employer/employee relationship, the employer is generally considered to be the owner of copyright. This may vary depending on the nature of the employment contract and the type of work created.

In other instances where more than one person contributed to the creation of a work, the authors are considered co-owners of the work. Cases where this may not apply include situations where there is an existing agreement to the contrary.

Do I have to register my Copyright?

Copyrights begin the moment that the work is created in a tangible form. However, in order to have protection in a court of law and pursue copyright infringement litigation, the copyright must be registered with the U.S. Copyright Office.

What does Copyright Registration offer?

Registering a copyright provides a certified public record. In addition, in the case of copyright infringement, legal action in a court of law cannot be pursued unless the work is registered. Also, works that are registered within five years of publication are considered prima facie evidence – meaning that the copyright is conclusive and indisputable.

To register a copyright, the appropriate number of copies of the work, registration fees, and application must be submitted to the U.S. Copyright Office.

How long does a Copyright last?

The length of time that copyright protection lasts can vary. However in general terms, protection begins the moment the works is created and lasts throughout the lifetime of the owner, plus an additional 70 years after their death.

If the work was created as a work for hire, under a pseudonym or as an anonymous piece, the copyright will last for 95 years following publication or 120 years after it was created, whichever is shorter.

What is a "Poor Man's Copyright?"

A “poor man’s copyright” refers to the practice of mailing a copy of one’s work to one’s self via certified mail. The idea being that this “supposedly” establishes a date for the creation of the work.

It should be noted that there is no provision regarding this practice in copyright law, and this should not be used as a substitute for registering your work with the U.S. Copyright Office.

What do I do if someone has infringed upon my Copyright?

A qualified intellectual property lawyer can be a valued resource. Because copyright litigation can often be complex in nature, it is best to choose a firm with the resources and experience necessary to ensure that your rights are protected.

If you have questions not covered here, or if you would like to discuss a possible case with our staff of copyright attorneys, please contact us.