Mr. Trademark - Copyrights

Copyrights

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What Is The Difference Between A Copyright And A Trademark?
A Trademark covers the protection of a unique name covering a business (service mark) or a product (trademark). A Copyright protects "original works of authorship" that are fixed in a tangible form of expression. Copyrightable works include the following categories:

Literary Works
Musical Works, including any accompanying words
Dramatic Works, including any accompanying music
Pantomimes & Choreographic Works
Pictorial, Graphic, & Sculptural Works
Motion Pictures & Other Audiovisual Works
Sound Recordings
Architectural Works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

The information below has been provided by the U.S. Copyright Office.

What Is A Copyright Registration?
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. Registration establishes a public record of the copyright claim. Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin and for foreign works. Mr. Trademark can search registered copyrights and prepare the registration application each for $99. We can search the copyrights for $99. (There is also a $30 government filing fee.)

Does The Copyright Registration Protect Me Internationally?
There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions.

How Soon Is My Work Protected After I Submit The Registration?
Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device.

How Long Does The Process Take?
The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving. The certificate of registration should be received within approximately 8 months of submission. Note--there is NO way to follow up with the Library of Congress, nor will you receive any sort of acknowledgement before the certificate is received.

Do I Have To Register With The Library Of Congress For My Work To Be Protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

What Is A Deposit?
Copies of all works under copyright protection that have been published in the United States are required to be deposited with the Copyright Office within three months of the date of first publication.

A deposit is usually one copy (if unpublished) or two copies (if published) of the work to be registered for copyright. In certain cases such as works of the visual arts, identifying material such as a photograph may be used instead. These copies will not be returned.

The Copyright Office still generally requires a printed copy or audio recording of the work for deposit. A computer floppy disk will not be accepted, but a CD-ROM will. The deposit requirement consists of the best edition of the CD-ROM package of any work, including the accompanying operating software, instruction manual and a printed version, if included in the package.

How Long Does A Copyright Last ?

For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years, but in no case will expire earlier than December 31, 2002. If the work is published before December 31, 2002, the term will not expire before December 31, 2047.

For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date that copyright was originally secured.

Who Is Considered An Author?
The creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher.

What Is A "Work For Hire?"
A "Work Made For Hire" is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer or commissioning party is considered to be the author.

What Is A Copyright Notice?
A copyright notice is an identifier placed on copies of the work to inform the world of copyright ownership (©). While use of a copyright notice was once required as a condition of copyright protection, it is now optional. Use of the notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.

Does Having A Copyright Protect My Work From Being Used or Copied?
Not really. Copyright protection differs from Trademark protection in that anyone can be granted a copyright. There is no internal review process conducted by the Copyright Office to screen new applications for duplication or confusing similarity to an existing copyright. Anyone can at any time request and receive a copyright to cover the work they submit, regardless of other existing works.

You must seek to protect your copyrights against unauthorized use by filing a civil lawsuit in Federal district court. If you believe that your copyright has been infringed, consult an attorney. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.

What Exactly Are The Fees?
Copy Right Search $99 (From Copyright Database and Common Law Usage)
Copy Right Registration $99
Government Filing Fees $30

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