Frequently Asked Questions about Copyright


Q. What does copyright protect?

A. Copyright protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. It does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

Q. When is my work protected?

A. 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.

Q. What is mandatory deposit?

A. Copies of all works under copyright protection that have been published in the United States are required to be deposited with the U.S. Copyright Office within three months of the date of first publication.

Q. Why should I register my work if copyright protection is automatic?

A. Registration is recommended for a number of reasons. Firstly, registration establishes a public record of the copyright claim. Secondly, registration is necessary for works of U. S. origin before an infringement suit may be filed in court. Thirdly, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. Fourthly, registered works may be eligible for statutory damages and attorney's fees in successful litigation. 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.

Q. How long does the registration process take?

A. The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving. If your application is in order, you may generally expect to receive a certificate of registration within approximately 4 to 5 months of submission.

Q. Can foreigners register their works in the U.S.?

A. Any work that is protected by U.S. copyright law can be registered. All works that are unpublished, regardless of the nationality of the author, are protected in the United States. Works that are first published in the United States or in a country with which the United States has a copyright treaty, or that are created by a citizen or domiciliary of a country with which the U.S. has a copyright treaty, are also protected and may therefore be registered with the U.S. Copyright Office.

Q. Who is an author?

A. Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity. In cases of works made for hire, the employer or commissioning party is considered to be the author.

Q. What is a work made for hire?

A. It is a work prepared by an employee within the scope of his or her employment, or a work specially ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer or commissioning party is considered to be the author.

Q. What is publication?

A. Publication, as defined by the Copyright Act, is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.

Q. Does my work have to be published to get copyright protection?

A. Publication is not necessary for copyright protection.

Q. Are copyrights transferable?

A. Yes. All or part of the rights in a work may be transferred by the owner.

Q. How long does copyright last?

A. 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 the 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.

Q. What is a copyright notice? How do Iput a copyright notice on my work?

A. A copyright notice is an identifier placed on copies of the work to inform others of copyright ownership. It is optional. Use of the notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the U.S. Copyright Office.

Q. What can I do if someone infringed my copyright?

A. You may seek to protect your copyrights against unauthorized use by filing a civil lawsuit in Federal District Court. If you believe that your copyright has been infringed, please consult our attorneys.

Q. Is my copyright good in other countries?

A. The United States has copyright agreementswith more than 100 countries throughout the world, and as a result of these agreements, the parties honor each other's citizens' copyrights. For a listing of countries and the nature of their copyright relations with the United States, please click here.

(Updated 10/4/2012 by AG)

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