A copyright is an ownership right that automatically vest when you create an original work of authorship – like a literary work, song, movie or software. Your ownership rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly. Our software protection and copyright law attorneys can assist you in any facet of your copyright needs. Examples of copyrightable works include the following:
An application for copyright registration is a straight forward process and requires three things: (i) a completed application form, (ii) a nonrefundable filing fee, and (iii) a nonreturnable deposit of the work being "deposited' with the U.S. Copyright Office — that is, a copy or copies of the work being registered and “deposited” with the Copyright Office. Unless you are allowed to file multiple works in one application, you must submit a separate application, filing fee, and deposit for each work you want to register. For information on how to register a graphic design copyright, see our Requirements to Copyright a Graphic Design web page.
Software is a specific type of copyright registration that often requires that each new version of a computer program be deposited with the U.S. Copyright Office, including any changes, revisions, additions, or other modifications that the author made to that version. Except in limited circumstances described below, the registration does not cover earlier versions of the same program or preexisting material that may be contained within the source code. In particular, a registration for a specific version of a program does not cover the following:
Our copyright attorneys can assist in you in U.S. Copyright filings, and provide you guidance in how to properly secure you software and other copyrights in and to your literary work, song, or movie.
A copyright owner can significantly enhance the protection afforded by copyright by filing that copyright with the U.S. Copyright Office. Once the U.S. Copyright Office has notified you that your work has registration, you should begin properly marking your creative works to put third parties on notice as to your copyright registration. A copyright notice should contain the following:
For example, a copyright notice for a novel could be The History Of Mark Twain by Joseph Bates, "Copyright © 2019 by Joseph Bates."
Not all types of works are copyright-able. For instance, the U.S. Copyright Office will not register works produced by a machine or mechanical process that operates randomly or automatically without any creative input or intervention from a human author. That would include x-rays, ultrasounds, magnetic resonance imaging, or other diagnostic equipment. Other examples of works that are not cop yright-able are the following:
All works published in the United States before 1924 are in the public domain. Works published after 1923, but before 1978 are protected for 95 years from the date of first publication. Copyrights created after January 1, 1978, will last for the lifetime of the author plus an additional 70 years.
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