Copyright Fundamentals:

Q: What does a copyright protect?
A: A copyright protects literary and artistic expression as well as other types of media that derive their value from the particular manner in which the information is expressed.

Q: What is the difference between a copyright and a trademark or patent?
A: A copyright protects a works appearance or expression. You cannot copyright an invention; you patent an invention. You cannot copyright the name of product or tradename; but you can establish a trademark in a product name or a tradename. On the other hand, you cannot patent or trademark a book, but you can protect the expression of the idea in the book with a copyright.

Q: What are examples of the types of materials, which can be protected with copyright?
A: Books, musical works, plays, computer programs, paintings, sculptures, and movies. Generally, any work, which includes artistic or creative expression can be protected with copyright.

Q: What types of works are generally not protected by copyright?
A: Titles, names, short phrases, slogans; familiar symbols or designs; mere variations of typographical ornamentation, lettering, coloring; mere listings of ingredients or contents.

Initial Considerations:

Q: What are the minimum requirements for a work to be protected by copyright?
A: A copyright arises in a work if at least a portion of the work is original and the work includes some literary or artistic expression.

Q: When are copyright rights established?
A: Copyright rights are established in a protectable material as soon as the expression is "fixed in a tangible media." In other words, the rights are established after the protectable material is written, printed, recorded or otherwise fixed. 

Copyright Notice:

Q: Should a copyright notice be used with copyrightable material?
A: Yes. The notice on all publicly distributed copies of the work should include: the 8 symbol (or the words: Copyright or Copr.), the year of first publication and the name of the copyright owner.

Copyright Registration:

Q: Is copyright registration necessary for the protection of copyrightable material?
A: No, but it is recommended.

Q: How do you register copyrightable material?
A: To register a work, a copyright application form must be completed and submitted, together with the $30.00 application fee (as of 7/1/99) to the US Library of Congress. Also, in general, if the work is unpublished, one specimen of the best edition of the work must be submitted with the application. If the work is published, two specimens of the best edition must be submitted with the application.

Q: Is the preparation of the copyright application complicated?
A: No, but the simplicity of the application(s) can be deceptive. Important statutory rights can be lost if the work is not registered properly and in a timely manner. While the Copyright Office provides numerous brochures and pamphlets, which describe aspects of copyright law and registration, they are written primarily from the viewpoint of the Copyright Office and not particularly for the best interests of the Applicant.

Q: What are the benefits of a copyright registration?
A: There are several significant benefits in registering a work. First, registration is necessary before a lawsuit can be filed against an infringer. Second, registration creates a presumption that the copyright claimed in the registration is valid. Third, if a work is registered before an infringing act occurs, statutory damages, costs and attorney fees may be recovered from the infringer.

Duration of Copyright:

Q: How long does copyright protection last?

NOTE: Because of the complexities, risks and potential rewards involved with intellectual property matters, it is strongly recommended that you seek the advice of an intellectual property attorney to assist you with your creative developments.