Should I Register A Copyright Of Written Work

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When you create an original piece of writing, y'all automatically get certain property rights in that piece of work. These rights are called "copyright" and automatically attach to certain works. If your work is copyrightable, information technology will be copyrighted every bit shortly as it is "fixed." Nada more needs to be washed to gain the protections of the constabulary. Yet, there may be sure reasons you want to register your copyright and formally protect it well into the future.

1
Know the purpose of a copyright. The primary purpose of copyright law is to promote the progress of science and useful arts. In guild to promote noesis (scientific or otherwise), copyright laws give you a temporary monopoly on the piece of work yous create. This is intended to encourage y'all to produce even more.
- Therefore, while copyright law does grant you and other creators protection of your rights to the work you accept already produced, the chief purpose is to encourage a continuing expression of new ideas.
2
Determine if your work can be copyrighted. Copyright laws apply to "original works of authorship."^[1] This phrase includes:
- Literary works;
- Musical compositions;
- Dramatic works;
- Sound recordings; and
- Architectural works.^[two]
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three
Recognize the rights associated with a copyright. When you own a copyright to an original work of authorship, you take the exclusive right to distribute, reproduce, perform, license, and display your work, and too to prepare secondary works based on your work. ^[iii]
- Your rights to a copyrighted work are limited past the "fair use" doctrine, among other things. ^[4] That means that other people can apply some or all of your original work for various express purposes including:
  - Criticism;
  - Commentary;
  - News reporting;
  - Teaching (in a not-profit school);
  - Scholarship; and
  - Research.^[5]
- Your rights are also limited by "kickoff sale", pregnant you cannot prevent others from reselling copies of your works, in one case yous have sold them. Many software products are therefore not actually "sold", but rather "licensed" to end-users, oftentimes restricting the right of farther resale.
- Your right to forbid distribution of copies or public performances are field of study to other limitations, by statute. For example, yous may not use copyright laws to prevent performance of your non-dramatic songs in a church ceremony, or certain non-profit performances. You cannot utilise copyright police to forestall someone from making a backup re-create of reckoner software, provided they follow the rules.
4
Understand the fourth dimension limit associated with a copyright. When you lot own a copyright it does non last forever. The length of time your copyright protections last will depend on when your work was created and whether it was published. For purposes of copyright, a writing is considered published when you arrive available to the public on an unrestricted basis.^[6]
- Works published in the U.s.a. prior to 1923 have no US copyright, other than certain sound recordings covered by state laws until 2067.
- For writings created later on 1977, a copyright will final for the life of the author (or last surviving author of a joint work) plus another 70 years. ^[7]
- If your writing was a piece of work for hire (meaning a writing specifically commissioned under a written contract or completed equally part of an employment agreement) or is published anonymously, the copyright volition last either 95 years from publication or 120 years from creation. ^[8]
- If your work was published after 1922 but before 1978, it volition exist protected for 95 years from the engagement of publication, assuming information technology was published with the required copyright notice and (if prior to 1964) was properly renewed in the Copyright Part in its 28th year. ^[ix]
  - However, if the piece of work was created in this period but not published, the copyright will final for the life of the author plus 70 years. ^[10]
- Note that copyright elapsing in other countries varies, but is generally non less than l years from publication or from the death of the writer, by treaty. Some may be 95 or 100 years later the authors' deaths. ^[11]

i
Create an original work of authorship. Copyrightable written fabric includes not just literature (novels, poems, essays, etc.) but too whatsoever work expressed in words, numbers, or other symbols.^[12]
- In order to create something, it does not have to be written downward (or "fixed"). You can create an original work by simply thinking or speaking about it. Mere cosmos, however, does non make something copyrightable.
ii
"Gear up" your original piece of work. As part of the creation process, you will demand to fix your original piece of work in order for information technology to be copyrightable.^[thirteen] In order to fix something, yous must express it "in a tangible form that is perceptible past the man senses either directly or with the aid of a machine." ^[14] Furthermore, it must be permanent or stable enough to allow for it to be "perceived, reproduced, or otherwise communicated for a menstruation of more than transitory duration." ^[xv]
- For case, a writing will be fixed when it is printed on paper or when it is stored on a reckoner.^[xvi]
- Examples of works that are not fixed include speeches that are not transcribed and live, unrecorded performances of music. ^[17]
- In full general, all you need to do is create a piece of work of authorship and write it down or otherwise tape it somewhere. This will automatically create copyright protections.
- In theory, you do not need to own the original re-create in club to own the copyright. For example, if yous publicly perform some original music and an audience member records information technology, you own the copyright of that recording.
iii
Make sure you sympathize the limits of your copyrighted original work of authorship. Some works or pieces of works are not able to be copyrighted, such equally the following:
- Ideas;
- Facts;
- Works whose copyright term has expired;
- Works of the United States Authorities;
- Laws;
- Works that authors take clearly and irrevocably dedicated to the public;
- Procedures;
- Processes;
- Systems;
- Methods of operation;
- Concepts;
- Principles; and
- Discoveries.^[18] ^[19]
- For example, you lot might write a book that describes a new arrangement of bookkeeping. ^[xx] Your copyright protection would extend to your description of the system only non to the system itself. ^[21]
- Similarly, y'all may be the author of an original computer plan, including an HTML web page, merely you just ain the copyright for the parts that are "creative" and "original", not the standard segments necessary for the basic operations of the organization.
four
Make up one's mind when your original work is officially copyrighted. Copyright protections will attach to your writing as before long as it is fixed. ^[22] No copyright registration is needed to protect your writing, and no fee is required.
- Although registering your copyright is voluntary, there are reasons you might want to take that footstep. ^[23] For example, you must have registered your US copyright if yous want to bring a copyright-infringement suit confronting someone who is unlawfully using your piece of work. ^[24] You tin register your copyright at whatsoever time during the copyright menstruation. ^[25]
- Early on copyright registration provides additional rights related to statutory damages, allowing you to claim some amount of damages without actually proving any.
five
Learn near obsolete U.S. formalities of copyright notices and renewals. Earlier 1989, you would accept been required to provide notice on your written work in order for it to exist copyright-protected. ^[26] This detect was typically the copyright symbol ("©") followed past a date of publication and the author's name. ^[27]
- Lack of a proper copyright notice, including intentional misstatement of the publication engagement, resulted in the immediate loss of copyright.
- Similarly, failure to file a renewal detect in the proper year, if published prior to 1964, resulted in loss of copyright at the end of that year. This is i reason the "Happy Altogether" song became public domain.
- U.Due south. law no longer requires copyright notice upon publication. ^[28] A written work, whether published or not, is now presumed to be copyrighted unless the author or copyright owner clearly indicates to the contrary. ^[29] ^[xxx]
  - To point that you will not enforce your copyright, you can note on the work that it can be "freely copied" or words to that outcome. ^[31] As noted in the cited reference, such a disclaimer is effectively a license for the public utilize, whether or non restricted past its terms (east.grand., only for non-commercial utilise).

1
Complete an application. If you desire to register your copyright, yous must consummate an application online or by mail with the United States Copyright Office. ^[32] The easiest and most efficient way to register is online. To complete an online application, log in to the eCO website. ^[33] Yous will exist prompted to answer a series of questions until the awarding is complete. ^[34]
- The Us Copyright Office website has a great tutorial you can utilise, which gives y'all pace-past-stride instructions on how to complete the application. ^[35]
2
Make the required payment. Once your awarding is consummate, you lot will be prompted to bank check out. ^[36] Before doing so you will be required to pay a fee, which is calculated based on your registration preferences. ^[37]
- The bones online registration fee ranges from $35 to $55. ^[38]
- Specialized registrations volition price between $25 and $400, as explained on the Copyright Function website. ^[39]
3

Send in the work you are registering. In addition to filing your registration application with the Copyright Part, you will exist required to submit to them a copy of your writing. ^[40] In the online process, you will be prompted to upload a copy of your writing once you lot accept paid the fee. ^[41]
iv

Wait for your application to be candy. One time information technology's submitted, y'all can expect a response from the Copyright Office in approximately eight months. ^[42] Once your application has been processed, disallowment whatever problems, your writing will be registered with the Usa Copyright Office.

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Article Summary X

When you create a piece of writing, you get certain property rights automatically. Copyright laws use to original works of literature, music, drama, sound, and architecture. To make sure your work is copyrightable, you'll need to put information technology into a fixed class that tin can be reproduced. For example, you can fix a slice of writing by press it out or storing information technology on a computer. Withal, you can't copyright a spoken communication that isn't transcribed or a live functioning of an original song that isn't recorded. Once your piece of work is fixed, you'll take copyright protections, like having the sole ability to display, reproduce, or perform your work. To learn how long a copyright lasts, continue reading!

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