Copyright

Copyright is different from other forms of IP because there is no official registration or fee required to obtain its protection. You get copyright automatically as the creator of copy, artwork, or music, provided your work is 'fixed' in some way such as on paper, film, sound recording or as an electronic record.

Examples of material protected by copyright include novels, computer programs, movies, databases, dramatic works such as dance or mime, musical works, artistic works such as paintings, photographs, architecture, and logos, and sound recordings on tape or CD.

Register copyright?

If disputes arise over copying it will be necessary to prove who first produced the work. This could be critical to establishing who is the copyright owner. Posting a copy of the work to yourself is simply not reliable enough to act as conclusive evidence.

For certain works you could consider registration with the US copyright authorities. Alternatives would be to lodge the work with an independent and reliable third party, and possibly to swear a statutory declaration that you created the work.

As a general rule, it should not be necessary to go to these lengths. In practice, what will help you if a dispute arises, is to be able to show detailed evidence of the progression of the work as you created it, and the dates involved.

Use of copyright notice

Although it is not legally necessary to do anything else to secure copyright, there are a number of steps you might take to strengthen your protection – principally by including the copyright symbol (C) followed by your name and the date, as a warning to others against copying.

Other points to note about copyright

In certain circumstances, the creator of material has the right to be acknowledged as the creator - to assert their 'moral rights'.

The owner of a copyright work has the right to decide who may use it, and controlling use through licensing is how you gain economic rewards for your efforts in producing a copyright work.

We can help with all aspects of copyright, including licensing, and other contracts which require an understanding of copyright issues. Please ring or email us with any queries, or if you want us to ring you.