Copyright protection is a very hot topic nowadays. It seems like every time we browse a newspaper there is another article about it. Turn on the television and a famous Actor/Actress or Musician is talking about the importance of it. From Napster and file sharing controversies to famous movie infringement cases, copyright is everywhere. In this article we will define copyright at its simplest, look at the reasons why creative people would copyright something, list work types that can be copyrighted, and finally we will look at some options of how to copyright protect a work and offer some tips.


A Simple Definition of Copyright

Copyright protection at its very simplest defines that the creators of a work (a song, software program, etc.) own all legal rights to that work and basically anyone else must gain permission from the creators in regards to use of the work. More particularly, copyright is a form of protection governed by the courts that outlines that the Authors (creators) among other things, may distribute copies of their work, reproduce it, perform or display the work publicly, and prepare derivatives. You the creator may grant permissions to others to use your work, the types of permissions or licenses you grant is up to you. If someone illegally uses your work without your permission you may have the right to seek rewards for damages.

Why Register My Copyright?

First and foremost it must be noted that Copyright is secured automatically when the work is created in a "fixed form". So for instance, copyright is automatically achieved when a song is recorded to a device, or when Advertising copy is written down. So if copyright is automatic then why file with the Copyright Office?

In the United States, US Copyright registration is "an event of public record" that the courts recognize as sufficient to protect/defend a claim. It is likely the single most important artifact when defending ownership. Without it, it can be much more difficult, time consuming, and costly to defend your claim to ownership. With registration you may be eligible for statutory damages in successful litigation.

We've probably all heard rumors that sufficient copyright proof can be achieved by simply mailing yourself a copy of your work. That is not true. In regards to this practice the Copyright Office has stated: "There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration." In fact there are no cases on record in the US in that mailing the work to oneself was sufficient enough to defend a claim.

What Types of Works Can We Copyright?

The following list is not all-inclusive, but notes some of the most common work types that are eligible for Copyright protection: Songs, Musical Compositions, Books, Computer Programs / Software, Websites, FTP Sites, Semiconductor Chips, Poetry, Speeches, Dissertations, Individual articles, Manuscripts, Compilations, Scripts, Motion Pictures, Music Soundsheet, Booklet & Poster, Theses, Secured Tests, Pamphlets, Advertising copy, Newspapers, Sound Recording (Recordings of lectures, theatrics, etc.), Musical Compositions (including accompanying lyrics), Radio Shows, Television Programs, Periodicals, Directories, Catalogs, Brochures, Reference Works, Games (text used in), Advertisements, Maps, Stencils, Models, Cartoons, Architectural/Mechanical, Drawings, Paintings, Patterns for sewing & needle crafts, Prints, Designs for Jewelry, Fabric, Floor & Wall Coverings, Automated Directories.

How To Copyright

Okay, so by now you know what copyright is, you may believe that it is right for your work, and you have determined that your work can be registered for copyright. So exactly how do you register a work for copyright protection? The good news is that you have several options. Some options can be costly, others very reasonable. Your decision will likely come down to a mix between your comfort level with the registration process and cost. Tip: Before paying for one of the commercial options below you may want to check the number of applications that your are allowed to file for the price you are paying. This is likely more important for someone like a musician that writes a new song every month than it is for an author that writes a new book every few years. Also, find out if the Copyright Office fee, usually $30, is included. Below are your most common options in no particular order.

Intellectual Property Attorneys

This is usually the most expensive option, but with that cost you get piece of mind. An attorney or his/her legal assistant will ask you a series of questions about the work, they will instruct you in regards to exactly what tangible pieces of your work you must gather in the appropriate form as required by the Copyright Office, and ultimately will ensure that your work gets registered. A good attorney can provide expert guidance.


Copyright Software

There are a couple of computer software packages, like Essential Software Inc.'s "Essential Copyright", that provide an easy-to-use software wizard that walks you through the process step-by-step. The software helps you choose the correct forms to file and provides instructions and examples throughout the process. Copyright software packages typically enable you to file an unlimited number of applications with one license. This option is ideal for computer savvy do-it-yourselfers that want to save a buck.


Online Copyright Services

Though typically a bit more expensive than Copyright software packages the offerings are similar. There is a large number of Application Service Providers online that offer copyright services. Most online services offer a wizard-style interface that walks users through the process. Often instructions are provided to help fill out the forms. If you are comfortable with an online transaction of this nature this may be a good option for you, simply go to Google and search on "copyright" and you should see several providers listed.

Do-It-Yourself

You can download the forms yourself from the US Copyright Office at www.copyright.gov. This is the most economic option available, at the time of this writing the US Copyright Office typically charges $30 per application. You will need to choose the right form for your work type, but the Copyright Office does a fairly good job of organizing their forms so users can find what they need. Browse through their online Circulars for instructions on how to fill out the forms and what materials you will need to send in. With a little research and work you can do it all yourself.