What is a Copyright? Am I Protected Without Registration?

Filing a copyright. A copyright is protection of the expression of your ideas in a tangible form. Registration of a copyright provides you with the exclusive rights to publish, film, perform, print, or copy your protected work in any manner. There are many different kinds of applications of a copyright. Such as for a drawing, screenplay, text, music, logo, choreography, sculpture, sound recording, architectural plans, or t-shirt design. 

The copyright protects the expression of ideas, not the ideas alone. You cannot secure copyright protection for names, titles of works, short phrases, single words, simple shapes, or slogans.  

By law, you do not have to register a copyright. Copyright protection automatically applies to original pieces of created work upon their existence. No one has the right to copy your work or use it by any other means. 

However, federally registering your copyright with the U.S. Copyright Office gives you full protection. With federal registration, the holder of the copyright has the sole legal right to reproduce, display, perform, or make similar versions from that original work. 

Benefits of Filing for a Copyright

The biggest benefit to federal copyright registration is that it gives you the power to file lawsuits if copyright infringement occurs. Without a copyright registration, you cannot sue anyone for infringement. With federal copyright registration, you can claim up to $150,000 per infringement in statutory damages, versus actual damages. Furthermore, registration enables you to get back attorney’s fees, paid by the infringer, if and/or when you win a copyright infringement lawsuit. Just know that you must register the copyright before infringement happens. Or, within three months of publication, to access these benefits.  

You will have the power to enforce your copyright in a U.S. court once you have a registration certificate or a letter of refusal issued by the Copyright Office. The legal system presumes the facts of your registration correct if completed prior to or within five years of publication. Therefore, if there is a lawsuit, the person accused of infringement will have to prove those facts to be wrong. 

You can also protect yourself against any unauthorized or infringing copies of your works imported from other countries. All you have to do is submit a request to the United States Customs and Border Protection (CBP), so they can seize such items. Not only this, but registration means there is a public record of your claim to ownership and/or authorship. With that, people may then contact you to obtain permission to use your copyright protected work. 

Copyright Registration Timeline

The process of registering a copyright, from the filing stage to registration completion, can take about two to nine months in total. In comparison with other forms of intellectual property, copyright registration is low-cost and fast. It costs $65 to file a registration for each original work. You can also file multiple works at the same time for a discounted fee if they meet a given criteria. An example would be a series of drawings or photographs. Only a few years ago, in 2020, a law was passed that permits the registration of multiple short-form online literary works under one copyright. So if you regularly compose and publish writings on social media, those posts can be registered as a compilation with the Copyright Office. That saves you quite a bit of money! 

How Long Am I Protected?

Copyright registration protection remains valid for 70 years after the creator or author dies. If a business or anonymous name is the copyright holder, the protection is good for 95 years from the initial publication date or 120 years after the date of the creation of the work.  

You can basically complete your copyright registration in three steps. First, fill out an application for the U.S. Copyright Office. Second, pay the required filing fees. And third, submit or deposit a copy of your work with the Copyright Office. 

After these steps have been completed, a registration specialist will review and examine the application. It is they who determine the work’s eligibility for registration. The specialist will also ensure that every other application requirement was met. In the event that they say the work you submitted is non-copyrightable, the application could be rejected. You might also get a rejection if the requirements for application are incomplete. However, if the specialist approves your application, you will receive a Certificate of Registration from the Copyright Office, which is proof of the fact that you hold a copyright. With the certificate in hand, you can use your official registration to file any relevant lawsuits or write and send cease-and-desist orders to infringers. 

Consult Our Firm Before Filing on Your Own!

Please contact our firm for a free consultation prior to submitting a copyright application. Our team will help you figure out if it makes sense to copyright your work. Avoid having your application rejected and needlessly spending money you will not get back. We can improve the chances of your success! 

See this article on Intellectual Property for more information regarding types of protection. Up next we will be discussing Registering a Trademark.