Every business should really consider copyrighting any and all of their work. A copyright is a simple form of protection over any work or materials that you create, that requires no forms, no fees, and it is secured and automatically when work is created. Essentially it allows the owner to control how their work can be used from this point forward, as well as seek legal and monetary action when work is used other than in the ways that the originator designates.

Specifically a copyright protects literary, dramatic, artistic, musical, and published works.

Does the creator always own the copyright?

Many people assume that the creator always retains the copyright, however in the case of an employee that is being paid to create the work, the employer actually retains the copyright and ownership over the work unless there is an agreement that specifies otherwise. This is not the case however, with freelancers or if one business is paying another to create work.

This is an important distinction as you also need to be careful while on the other side of the fence. When paying a company or individual to create something for you or your company (a press release, for example) you likely will want to ensure that after full payment you obtain full rights to that work. Otherwise you could potentially be required to pay more in the event that you wanted to use any portion of the work again.

How do I register a copyright?

You don’t need to really take any action to ensure that your work is copyrighted. There are no forms, fees, or legal requirements. The copyright comes into effect as soon as the work is created, or published. Simply mark your work with the copyright symbol to let people know you recognize your work as copyrighted (while not legally required, it is a good idea).

You can take it to the next level and register your work, although it is not required. It will help any situation in which you are trying to receive damages for infringement upon your copyrighted work. Registration is done through submission of an application along with a copy of the work to the U.S. Copyright office.

How do I protect my copyright?

In reality it is up to you in regards to how you confront and enforce your copyright. In most cases simply trying to resolve the matter through communication can be enough to protect your copyright. In the case where you have serious infringement you can take the case to court. The outcome can be a number of items including a requirement to stop using the copyrighted material or even monetary damages. In this case, you are best suited to find a laywer like The Ann Arbor Attorney, as you will have to demonstrate you tried to solve the matter through arbitration and that the work is yours.

What doesn’t a copyright protect?

In some cases a copyright doesn’t protect against photocopies, the idea of the work, or names, titles, or slogans. To protect these issues you will likely have to register a patent or trademark.

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Tags: copyright, copyrights, legal, protection