What does copyright protect?
Copyright,
a form of intellectual property law,
protects original works of authorship
including literary, dramatic, musical, and
artistic works such as poetry, novels,
movies, songs, computer software and
architecture. Copyright does not protect
facts, ideas, systems, or methods of
operation, although it may protect the way
these things are expressed. [TOP]
When is my work protected?
Your work
is under copyright protection the moment it
is created and fixed in a tangible form so
that it is perceptible either directly or
with the aid of a machine or device. [TOP]
Where can I get application
forms?
You may get
forms from the U.S. Copyright Office in
person, by mailing in a request, or by
calling their 24-hours-per-day forms
hotline: (202) 707-9100. [TOP]
When will I get my certificate?
The time
the Copyright Office requires to process an
application varies, depending on the amount
of material the Office is receiving. You may
generally expect a certificate of
registration within approximately 8 months
of submission. [TOP]
How
can I obtain copies of
someone else's work and/or registration
certificate?
The
Copyright Office will not honor a request
for a copy of someone else's work without
written authorization from the owner or from
his or her designated agent if that work is
still under copyright protection, unless the
work is involved in litigation. Written
permission from the copyright owner or a
litigation statement is required before
copies can be made available. A certificate
of registration for any registered work can
be obtained for a fee of $25. [TOP]
What is mandatory deposit?
Copies of
all works under copyright protection that
have been published in the United States are
required to be deposited with the Copyright
Office within three months of the date of
first publication. [TOP]
Do
I have to register with
your office to be protected?
No. In
general, registration is voluntary.
Copyright exists from the moment the work is
created. You will have to register, however,
if you wish to bring a lawsuit for
infringement of a U.S. work. [TOP]
Why
should I register my work if copyright
protection is automatic?
Registration is recommended for a number of
reasons. Many choose to register their works
because they wish to have the facts of their
copyright on the public record and have a
certificate of registration. Registered
works may be eligible for statutory damages
and attorney's fees in successful
litigation. Finally, if registration occurs
within five years of publication, it is
considered prima facie evidence in a court
of law. [TOP]
How
do I register my copyright?
To register
a work, you need to submit a completed
application form, a non-refundable filing
fee of $30, and a non-returnable copy or
copies of the work to be registered. [TOP]
How
long does the registration
process take?
The time
the Copyright Office requires to process an
application varies, depending on the amount
of material the Office is receiving. You may
generally expect a certificate of
registration within approximately 8 months
of submission. [TOP]
Do
I have to send in my work?
Do I get it back?
Yes, you
must send the required copy or copies of the
work to be registered. These copies will not
be returned. Upon their deposit in the
Copyright Office, under sections 407 and 408
of the Copyright law, all copies,
phonorecords, and identifying material,
including those deposited in connection with
claims that have been refused registration,
are the property of the United States
Government. [TOP]
How
do I protect my idea?
Copyright
does not protect ideas, concepts, systems,
or methods of doing something. You may
express your ideas in writing or drawings
and claim copyright in your description, but
be aware that copyright will not protect the
idea itself as revealed in your written or
artistic work. See
Patent F.A.Q. [TOP]
How
long does copyright last?
The Sonny
Bono Copyright Term Extension Act, signed
into law on October 27, 1998, amends the
provisions concerning duration of copyright
protection. Effective immediately, the terms
of copyright are generally extended for an
additional 20 years. Specific provisions are
as follows:
* For
works created after January 1, 1978,
copyright protection will endure for the
life of the author plus an additional 70
years. In the case of a joint work, the term
lasts for 70 years after the last surviving
author’s death. For anonymous and
pseudonymous works and works made for hire,
the term will be 95 years from the year of
first publication or 120 years from the year
of creation, whichever expires first;
* For
works created but not published or
registered before January 1, 1978, the term
endures for life of the author plus 70
years, but in no case will expire earlier
than December 31, 2002. If the work is
published before December 31, 2002, the term
will not expire before December 31, 2047;
* For
pre-1978 works still in their original or
renewal term of copyright, the total
term is extended to 95 years from the date
that copyright was originally secured. [TOP]
Somebody infringed my
copyright. What can I do?
A party may
seek to protect his or her copyrights
against unauthorized use by filing a civil
lawsuit in Federal district court. If you
believe that your copyright has been
infringed, consult an attorney. In cases of
willful infringement for profit, the U.S.
Attorney may initiate a criminal
investigation. [TOP]
[
Patent F.A.Q. ] [
Trademark F.A.Q. ]
*some
information on this page has been obtained
from the US Copyright Office*
