Do I Need to Copyright my Work?

When you work hard to create something unique, the last thing you want is to see someone else profit from it. This overview about copyright law will give you a basic understanding about how to start protecting your creations.

What is Copyright?

Copyright is the protection that you obtain when creating original works of authorship. These works can be both published or unpublished and they include:

• Literary works
• Paintings
• Photographs
• Drawings
• Films
• Music
• Choreography
• Sculpture

It also protects certain intellectual works such as computer software programs and architectural drawings and plans. However, there are a few categories that copyright does not protect. These include original ideas and works based on facts. In order to be protected by copyright, you can’t just have the creative idea, but you need put that creative idea in “fixed tangible form”. For example, if somebody hears your idea for a poem and writes it down on paper before you do, they are now the owner of that copyright, and you can no longer take ownership of that work. Additionally, copyright doesn’t stop someone from writing about facts that are found in books and other sources. As long as they are putting these facts into their own words, it is fair game to use factual information in creative works.

What does copyright protect?

Copyright law can be traced back to 1710 in Great Britain, when the distribution of books increased dramatically. What was needed was a way to protect both author and publisher from others stealing the content and distributing it themselves.

Today, copyright is primarily used to protect works from unauthorized commercial use. This means that when you own a copyright you are protected from others:

• Duplicating and reproducing your work
• Adapting your work
• Distributing your work for sale, transfer, or lending
• Performing your work publicly, in the case of plays, music and choreography
• Displaying your work publicly, in the case of paintings, sculptures and photography

If any of these rights have been violated, then they have committed infringement and you can file a lawsuit.

Knowing the Difference: Copyright, Patents, Trademarks

Does copyright apply to your creative work? There are three main categories in creative property protection. They include copyright, patents, and trademarks.

• Copyright: Protects original work that you created
• Patents: Applies to inventors and protects discoveries and inventions for a limited time
• Trademarks: Protects designs, words, phrases, and symbols, which are most commonly used in advertising and branding.

How to Copyright your Material

Technically, your work is protected by copyright when it is produced in that “fixed tangible form”. As soon as you write down your story, or draw a picture, it is protected. However, if somebody creates something identical to your work it can be a tricky process to prove who created it first. To prevent this you can register a copyright. Registering your copyright has many positive benefits such as creating a public record of your work and it also allows you to file an infringement suit against someone you believe to be violating your copyright protection. You are unable to do this if it is not a registered copyright.

You can register online for your copyright or you can consult with a legal expert that specializes in copyright law. By hiring a law firm, you will relieve yourself from the lengthy and tedious process that comes along with registering your copyright. If you are someone that creates a lot of original work, this can save a substantial amount of hours.

If you are a creative person, you may not be thrilled with the idea of spending your time filing paperwork and contacting lawyers. If you are still unsure about copyrighting your work, just remember that many famous artists have found themselves in battles over copyright.