What
is
a copyright?
A copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
What
does copyright
protect?
Copyright 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.
How
is a copyright
different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
When
is my work
protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
Do
I need to register
my copyright?
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.
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.
If
registration is made within three months after publication of the work or
prior to an infringement of the work, statutory damages and attorney's fees
may be available to the copyright owner in successful court actions.
Otherwise, only an award of actual damages and profits is available to the
copyright owner.
If
registration is made within five years of publication, registration will
establish prima facie evidence in court of the validity of the copyright and
of the facts stated in the certificate.
Finally, registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
Is
my copyright good
in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country.