Copyright Law

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Copyrights are the most ubiquitous form of intellectual property, but not every copyright is registered. We can help you determine which works of authorship should be registered to build enforcement leverage for your company.

Copyrights protect creative works. A copyright can protect software code, promotional materials, lyrics, music, sculptures, artwork, books, articles, and more. Copyrights are one of the four types of intellectual property.

Practically speaking, a copyright can give you near-complete control over your copyrighted work for the rest of your life. You get to choose how, when, where, and by whom your copyrighted work reproduced, distributed, and more.

What is a copyright?

Like the other intellectual property rights, a copyright is a “right”—that is, its holder can exclude others from doing what’s protected by the right.

What rights does a copyright grant?

These rights initially all accrue to the author of the copyrighted material, but all or any combination of them can be assigned, licensed, specifically authorized, and more.

The right to reproduce—or copy—the copyrighted work (“Reproduction”)
The right to create derivative works based on the copyrighted work (“Derivative Works”);
The right to distribute copies of the copyrighted work (“Distribution”);
The right to publicly perform the work, if applicable (“Public Performance”);
The right to publicly display the work, if applicable (“Public Display”); and
If the work is of visual art (like a sculpture), the right to proper attribution and to control the integrity of the work (“Attribution and Integrity”).

What is eligible for a copyright?

Copyright protects a variety of types of works that are authored, demonstrate originality, and fixed in a tangible medium of expression. Types of works include:

Literary Works (e.g., books, papers, software)
Musical Works, including accompanying words
Dramatic works, including any accompanying music
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Motion pictures and other audiovisual works
Sound recordings
Architectural works

How long does a copyright last?

Copyrights are designed to outlast the author. Because of this, they often form part of a person’s legacy. The term of a copyright is long, and lasts until:

Are there exceptions to copyright protection?

The law provides for exceptions to the exclusive rights, including fair use and de minimis use. We can help you determine whether use of a copyrighted work falls into an exception.

What are the differences between a Copyright and a Patent, Trademark, or Trade Secret?

Other than the length of the term, the major difference between a copyright and a patent, a trade secret, or a trademark is what a copyright can protect. Copyrights protect creative works that are set in a medium, like e-books or photographs, whereas patents and trade secrets protect your ideas, systems, devices, and processes themselves, and trademarks protect elements of your brand.

Why register a Copyright?

Copyrights actually exist upon creation of a work that’s qualified for copyright protection. An eligible original work is copyrighted as soon as its author fixes it in a medium (e.g., writes the blog post, records the podcast, films the video, or snaps the picture). However, there are certain benefits that come into play when you register your copyright with the United States Copyright Office, including:

A presumption that you own the copyright;
A public record of ownership of your copyright;
The ability to enforce your copyright in federal court;
Protection against importation of works that infringe on your copyright; and
Eligibility for statutory damages, attorney fees, and costs for post-registration infringements.

Who owns a Copyright?

Ownership initially vests with the author of a work. By default, this means the human author. If the work qualifies as a work made for hire, the employer or contracting party is the author.

Work Made for Hire without Agreement

Work Made for Hire with Written Agreement

A work specially ordered or commissioned for use as a contribution to a collective work;
As a part of a motion picture or other audiovisual work, as a translation;
As a supplementary work;
As a compilation;
As an instructional text;
As a test, as answer material for a test; or
As an atlas.