COPYRIGHT REGISTRATION 

James Ray & Associates has the knowledge and experience to help you apply for copyright protection by registering your original work of authorship.  Our copyright practice covers all aspects of copyright law, including, but not limited to, registration, licensing, and enforcement of copyrights.

What is a Copyright?

A copyright is a form of protection provided by U.S. laws to protect “original works of authorship.”  Copyright protection is available to both published and unpublished works.
 
Copyrightable works include works which fit into the following categories:

• Literary works;
  
  
• Music and lyrics;
  
  
• Dramatic works;
  
  
• Choreographic works;
  
  
• Pictorial, graphic, and sculptural works;
  
  
• Motion pictures and other audiovisual works;
  
  
• Sound recordings; and 
  
  
• Architectural works.

The categories are construed broadly.  Works not specifically listed, such as computer programs, maps, architectural plans, etc., generally fit into one of the above listed categories as per specific rules.

The law applicable to copyrights is the Copyright Act.

Facts about the Copyright Act:

The Copyright Act gives the owner of a copyright the exclusive right to:

• Reproduce the work in copies;
  
  
• Prepare derivative works;
  
  
• Distribute copies of the work;
  
  
• Sell or otherwise transfer of ownership or partial ownership of the work, such as by rental, lease, or lending;
  
  
• Perform the work and/or display the work publicly in cases of literary, musical, dramatic, and choreographed works, and in cases of pantomimes, motion pictures and other audiovisual works; and 
  
  
• In the case of sound recordings, to perform the work publicly by means of digital audio transmissions.

Who can own a Copyright?

A copyright is considered the property of the author who created a work in a fixed medium.  For example, once an original story or song is written down, typed, or recorded a copyright exists.   Only the author or individuals claiming rights through the author, such as the author’s heirs or assignees, can claim copyright protection.  In the case of works created for an employer, the employer, and not the person who created the work, is considered to be the author.  Adults, children, and businesses may own copyrights.  However, if a copyright owner is a child state laws may regulate business dealings involving such child’s copyrights.

When do I have a Copyright?

Once a work is created in a fixed medium, the author of such work automatically has a copyright.  U.S. law provides for registration of a copyright, at the request of the owner of such copyright, and there are many advantages for copyright holders who choose to register even though registration is not required.  Registration is recommended since it provides a means for having facts regarding a particular copyright on public record.  Furthermore, if a copyright holder wants to bring a lawsuit for infringement of a U.S. work, registration is required. Another advantage is that registered works may be eligible for statutory damages and attorney's fees if infringement litigation is successful.

U.S. copyright protection is available for all works, published and unpublished, regardless of who the author is or where the author lives but some conditions do apply.  The Copyright Act provides specific rules regarding registration and there are some exceptions to what works may be considered copyrightable, for example, short slogans cannot be copyrighted but they can become trademarks or service marks.   Let our experienced staff help you determine whether copyright registration is right for you.

Is my Copyright valid in other countries?

The United States has copyright agreements with most countries throughout the world.   As a result of these agreements, or treaties, countries that are part of the agreements honor each other’s citizens’ copyrights. Some exceptions do apply.

When should I use the Copyright symbol?

A copyright notice includes (1) the symbol “©” or the word “Copyright”, (2) the publication year, and (3) the owner’s name.

Use of a copyright notice is not required since copyright is secured automatically when a work is created in a fixed medium. However, there are many advantages to using a copyright notice.  For example, copyright notice advises potential infringers that the work is protected by copyright.   In some circumstances the copyright notice may also be used to prove that infringement was not an accident.

How do I register?

Registration of a copyright in the United States requires filing an application and a copy of the work with the U.S. Copyright Office.   Our experienced staff is ready to guide you through the process of filing the application and submitting your work to obtain copyright registration so your work is maximally protected.

For more information on how we can help you register your copyright and protect your rights, contact James Ray & Associates toll free at (888) 692-7303 to speak with an experienced member of our staff today.