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FAQs COPYRIGHTS
FREQUENTLY ASKED QUESTIONS (FAQs) COPYRIGHTS
1. What is a copyright ?A copyright is the right, specified by US federal law, to exclude others from copying a copyrightable work. Back to Top2. What kinds of works are copyrightable?Copyrightable works include literary, musical, dramatic, pictorial, graphic, sculptural, audiovisual, sound recording and architectural works. Included in this class of copyrightable subject matter is business related material such as advertising and promotional material, catalogs, flyers and brochures, signs, manuals, labels and tags, packages and other business materials. Some works may constitute a combination of one or more of the above types of works. Back to Top3. Do I have to register a copyright?No. Copyright rights arise upon creation of a work under most circumstances. Government registration is not required for basic rights to exist. However, registration provides significant advantages and is recommended to maximize protection. Registration, if desired, should be applied for within three (3) months of publication of the work. Back to Top4. How long does copyright last?Copyright in the work endures for a term consisting of the life of the author and fifty years after the author’s death. If the work is jointly authored, the term is measured with respect to the last surviving author. For anonymous works, pseudonymous works or a work made for hire (i.e. company ownership of a work created by an employee(s) or contractor(s)), the copyright endures for a term of seventy-five years from the date of its first publication, or a term of one hundred years from the year of its creation, whichever expires first. Back to Top5. Who owns copyright?In general, ownership of a work will vest in the actual author(s) unless: (a) the author(s) is an employee, (b) the author is not an employee, but there is a prior, written, work for hire agreement for particular types of works, or (c) the author(s) transfers title to copyright by a written assignment. Back to Top6. How much does a registration cost?Attorney fees for filing copyright applications range between $295-695. The government filing fee is $30. The costs of prosecuting copyright applications after filing average approximately one-half the cost of filing. Back to Top7. What is copyright infringement?Under US federal law, copyright infringement is the substantial unauthorized copying of protected material from a copyrighted work. Copying is crucial to infringement and independent creation is not unlawful. Back to Top8. What is a copyright notice?A typical notice includes: © Copyright [Owner's Name] [Year of Publication] All Rights Reserved. Back to Top9. What are the requirements for registrability?The work must be specifically identified in the application and: (1) fall into a protectable class of subject matter, and (2) have originality. Back to Top10. Where is a copyright effective?US copyrights are effective in the US only. Back to TopHome | About Us | Members | Practice Areas | Careers | Contact Us | Links
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