Copyright FAQ
What is Copyright law?
A copyright is a legal protection of intellectual property or original work of some kind. A copyright does not refer to all intellectual property, however; patents, trade secrets, and trademarks are considered separate and distinct legal notions.
Though the term “copyright” often actually refers to copyright law, to acquire “a copyright” often means to register an original work with the appropriate government, thereby acquiring the legal protections provided for in that government’s legal system.
Do I need to register a copyright with my state?
No; copyrights are typically regulated by the U.S. federal government. Although copyright is a legal notion that carries weight just about everywhere in the world, there are individual copyright laws in sovereign nations – the United States is no exception. In fact, the powers of the federal government to protect intellectual property are explicitly stated in the U.S. Constitution. For this reason, copyright laws tend to cross state boundaries more than other types of laws.
What kinds of property are protected with a copyright?
Just about any type of original or created work can be protected with a copyright.These include works of literature, music, drama, sound, architecture, choreography, graphicsand sculpture, though they are certainly not limited to those listed here.
What kinds of rights are afforded in copyright law?
There are a number of exclusive rights – exclusive, of course, meaning that the possessor of the copyright also possesses these rights while no one else does that result from registering a copyright with the government. Being able to reproduce a work, for example, is one of the most primary rights in copyright law – this right is the subject of controversy in the music and movie industries because it can be so easy to reproduce materials in the digital world. Another exclusive right of copyright holders is the public display or performance of the work; if a play is copyrighted, for example, the author’s permission may be needed before the play can be reproduced. This is, of course, unless the copyright has expired and the work has entered the public domain.
How long do copyrights last?
Although copyrights exist to protect new and original work, they do expire after a long time – usually around a lifetime, though this can depend on a number of factors. In general, copyrights will last 70 years after the creation of the work and registration of the copyright. However, certain types of copyright (such as anonymous work) might last as long as 120 years from the year of the creation of said work or 95 years from the copyright registration. You can visit copyright.gov for more information on when copyrights are set to expire.
Can someone who didn’t create the work acquire a copyright?
Yes; in fact, this happens quite often. For example, a work-for-hire arrangement means that the person or company paying for the creation of the work will be entitled to its rights. These can happen either through employment relationships or private agreements, contracts and commissions. This will result in accepting just a one-time fee or salary for the original creator of the work, but the copyright would not transfer without the creator’s permission. (Note: even in cases of employment where individual permission of the rights to work created is not always sought out, the employee agreement will often cover this aspect of the employer-employee relationship).
If something is copyrighted, can I still use it?
Yes. There are ways to attain assignments and licenses of copyrighted material that will allow you to use the copyrighted material in specified ways. There are generally three types of ways that copyrights can be used by other people: through copyright assignments, exclusive licenses, and non-exclusive licenses. Assignments and exclusive licenses will have to be put into writing; forms such as Copyright Assignment Agreements exist for exactly this purpose. Many companies that use cross-promotion strategies in marketing will have to license their copyrighted material to each other in order for the cross-promotion to be protected under copyright law.
How do I register a copyright?
The first thing to do is to acquire the proper forms for registering the type of copyright you want to register – for example, if you want to register a piece of literary work, you’ll want to acquire the form for literary works. You can also download copyright application packages online if you have more than one type of copyright to register for; typically, these packages come with instructions for copyright registration that will walk you through the process.
How long will it take to acquire a copyright?
It varies, but according to the U.S. Copyright Office’s website, the general processing time for e-Filing is three months and the processing time for paper forms is approximately ten months.
What kind of legal forms can I use to protect my copyright?
There are a number of forms that apply to different situations. For example, a Reprint Permission is a good way to ensure that the people using your copyright have verified permission to use it. A Copyright Assignment Agreement is another common form that is required if you are going to grant certain rights to someone else who plans on using your copyright for their own purposes.
When it comes to protecting your copyright from rights infringement, you can use forms like a Copyright Cease and Desist letter or a Digital Millennium Copyright Act Notice of Infringement. Using the correct forms to suit the situation – as well as using the forms correctly, of course – will be important in keeping your copyright protected.
How do I use someone else’s copyright?
That’s up to a private agreement between you and the copyright owner. However, you should be sure to use the right forms if you can form such an agreement with the owner. Copyright Assignment Agreements and Copyright License Agreements are typical forms used for exactly this purpose. You may want to be sure that you use the agreement form that applies specifically to the type of copyright license you’re acquiring.
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How to Copyright Your Intellectual Property
Intellectual property is a difficult legal term for many people to wrap their heads around. They know about real estate and personal property – but intellectual property?
Of course, once you consider how necessary it is to protect original writings, musical compositions, inventions, patents, designs, and a number of other intellectual creations, you begin to realize just how important it is to protect this type of property. Intellectual property is just as definable under the law as any type of tangible property, and for that reason, you should exercise your right to protect the works that you create.
But how are you going to copyright your intellectual property if you’ve just figured out what the term even means? Let’s explore a little bit further and give you a how-to guide for accomplishing just that.
Your “Copyrights”
Your intellectual property rights are vast – so long as you take the time to actually protect them. It all starts with the copyright. For example, if you are going to write a novel and you want to make sure that it’s copyrighted to your name, you’re going to have to fill out a copyright registration form. Finding them available for download at a place like FindLegalForms.com is easier than you think. It’s the simple act of deciding that you want to protect this piece of intellectual property that makes the difference.
Once you have your copyright in place, your hold on your own work should be ironclad. But do remember that in certain cases, the burden of proof that your copyright privileges have been infringed upon will be on you when you enter litigation against someone else. A copyright is a valuable thing but it is not an invincible shield either.
How can you go about copyrighting your material? As stated, be sure to download and fill out one of these forms, being sure that you clearly define the work that is to be copyrighted. Then make sure that these forms are filed properly; improperly filing these forms can result in never getting your copyright at all.
Protecting Yourself in the Future
The copyright is not enough to ensure that all of your intellectual property is protected. Instead, you’ll want to cultivate a good legal knowledge and an attitude that you’ll be hawkish on protecting your own property. This means filling out the right forms for the type of intellectual property you’re registering, whether it’s a patent or a new symphony.
Protecting yourself starts with good knowledge – that knowledge will help you determine the right course of action in the future. And since an ounce of prevention is worth a pound of cure, you’ll want to make sure you’re always vigilant about registering your works, letting others know that they’re registered, and making sure that your registration is the correct kind.
It’s this vigilance that will make you invulnerable to infringement; not any particular single action in and of itself. So be sure that you take your own intellectual property seriously – you never know when someone else might try to move in on it.
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Copyright Forms
Popular - Copyright forms to be used in various scenarios. These forms include registrations, assignments, licenses, amendments for agreements and licenses and infringement letters and notices. Also included is a form which requests permission to reprint a copyrighted work.
Popular Copyright Forms Combo Packages containing the most frequently used copyright forms. The Forms Package contains a cease and desist letter, notice of infringement, reprint permissions and a copyright assignment. The License Forms Package includes licenses for artwork, music, photographs and written works along with a license amendment.
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Popular - Copyright Assignments Agreements are contracts used between multiple parties in which a copyright owner agrees to transfer the rights – or simply a portion of... View More
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Copyright Infringement Notices and Letters for use when your copyrighted work has been infringed. Included is a copyright cease and desist letter which demands that... View More
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While Copyright License Agreements and Copyright Assignment Agreements are both used to allow a party to use the full protections of copyright law in respect to intellectual property they previously didn’t... View More
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Copyright License Amendment for use when amending an existing copyright license. This agreement sets out the provisions to be amended and those provisions which will... View More
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Popular -Acquiring a copyright for intellectual property (often defined as “original works of authorship fixed in a tangible form of expression”) is an important step... View More
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Reprint Permissions for use when requesting the right to reprint copyrighted material or when a copyright holder gives permission for reprint of copyrighted materials.... View More
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