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What is a Copyright?
What can I Copyright?
What are the rights of the Copyright Owner?
What does Copyright not protect?
Why should I register a Copyright?
What’s the proper Copyright Notice?
Can’t I simply use the © symbol and claim Copyright?
What if someone copies my work?
Who can obtain a Copyright?
What is the Registration Process?
Is my registered Copyright valid in other countries?
What is the difference between Copyright, Trademark and Patent?
What is “Fair Use” of Copyrighted material?
Isn’t information on the web “Public Domain”?
What is a “Work Made for Hire”?
What will be my effective registration date?
How long does Copyright protection last?
Does my work need to be “published” in order to register a Copyright?
What is a “Poor Man’s Copyright”?
What if my work contains some material that is not my own?
Can I submit an extremely large website?
What if I update or change my website?
Do you have an affiliate program?
Introduction
What is a Copyright?
Copyright is a form of legal protection provided by the laws of the United States
(Title 17, U.S. Code) to the authors of “original works of authorship” fixed in a
tangible form of expression. The protection is available to both published and
unpublished works.
This guide provides answers to the most frequent copyright questions and explains
the implications of not registering one. By using GoCopyright.com you’ll benefit from
a quick, easy-to-use online application and highly professional service. For little
cost you can protect your original works from the competition, including website content,
programming code, literary works, music, photos and more. Yes, our system is automated,
but an actual real live person will review your application before we submit it to the U.S.
Copyright Office. Be aware, copyright theft happens every day, don’t let it happen to you!
Protected Works
What can I Copyright?
Copyrightable works include intellectual property such as web sites, computer code, software,
databases, literary works, music, lyrics, dramatic works, writings, poetry, graphic and
sculptural works, motion pictures, audiovisual works, sound recordings, and architecture.
Scope of Copyright Protection
What are the rights of the Copyright Owner?
Generally, the owner of a copyright has the exclusive right to reproduce the work, to prepare
derivative works, to distribute copies, to perform the work publicly, or to display the work
publicly. It is illegal for anyone to violate any of the rights provided by the copyright law to
the owner of the copyright.
The copyright owner may also authorize others to exercise these rights.
Works Not Protected
What does Copyright not protect?
Generally, works that have not been fixed in a tangible form of expression are not eligible
for federal copyright protection. Copyright does not protect facts, ideas, titles, names, short
phrases, slogans, procedures, methods, concepts, principles, and discoveries, although it may
protect the way these things are expressed.
Why Register
Why should I register a Copyright?
In order to take legal action against someone who has copied your original work, your copyright
must be registered with the U.S. Copyright Office. If infringement has occurred, you could be
awarded up to $150,000 in statutory damages, even without having to prove that you suffered any
loss. Registration establishes a public record of your copyright.
A copyrighted work may not be copied, reproduced, distributed or publicly displayed without the
consent of the author or copyright owner. To prove ownership, protect your original work and
prevent theft and plagiarism, it is important to register a copyright. Its fast, inexpensive and
the protection of the U.S. federal government provides powerful ammunition against potential
infringement.
Copyright Notice
What’s the proper Copyright Notice?
Since 1989, there is no longer a legal requirement for a copyright notice. However, placing a
copyright notice on your work puts the world on notice that you are claiming ownership. This
prevents anyone from copying your work and claiming they are an “innocent infringer”; that they
didn’t know the work was protected.
The following notice should be placed on copyrighted works:
Copyright © 2004 COPYRIGHT OWNERS NAME. All rights reserved.
Although not legally required, it is recommended that both the term “Copyright” and the “©”
symbol be used for works displayed online. This is because some web browsers may not be able to
display the “c-in-a-circle” symbol that is required for international protection in some countries.
The date should be the year of publication.
Copyright Creation
Can’t I simply use the © symbol and claim Copyright?
Copyright exists immediately when an original work is created and fixed into a writing, tape, or
electronic medium. However, while legally correct, the right immediately created through original
creation does not entitle you to bring legal action for infringement. A delay in registration may
limit the amount of damages that can be awarded should a finding of infringement occur. What if
someone copied your work but your copyright was not registered?
Copyright Infringement
What if someone copies my work?
If proven that a copyright infringement has occurred, the owner of a registered copyright may be
entitled to relief such as injunction, impounding and disposition of infringing articles, attorneys
fees, actual damages and profits of the infringing party, or statutory damages up to $150,000 if the
infringement was committed willfully.
The copied work need not be identical to the original to infringe a copyright. The legal test of
infringement is “substantial similarity” – whether an ordinary observer would recognize the work as
having been copied in whole or in part from the earlier one.
If you don’t register your copyright and someone else claims the work as their own, you will have
to prove that it is actually yours. Registration avoids this burden of proof.
The Copyright Holder
Who can obtain a Copyright?
The author of an original work or someone who has obtained rights through the author can rightfully
claim copyright. If created during the scope of employment, the employer and not the employee is
considered the author. The creators of joint works are co-owners of the copyright unless they have
agreed to the contrary.
Minors may claim copyright, however state laws may regulate their business dealings.
Registration Process
What is the Registration Process?
We simplify it for you. In less than five minutes answer a few basic questions on our online
questionnaire, upload or send us your work, and our professional team does the rest. We prepare the
appropriate government form and review your application for accuracy, common errors, and completeness.
We’ll then submit the completed application package to the U.S. Copyright Office, including all
required forms, deposits and fees. We’ll even provide a FedEx tracking number. Once registered, your
Registration Certificate will be mailed directly to you.
International Protection
Is my registered Copyright valid in other countries?
Yes. The United States has copyright treaties with most countries throughout the world, and as a
result of these agreements, each country respects the copyrights of the others. Currently, a U.S.
copyright is honoured in 190 countries around the world.
Copyright, Trademark, or Patent
What is the difference between Copyright, Trademark and Patent?
Although there may be some similarities among these kinds of intellectual property protection, they are
different and serve different purposes:
A copyright is a form of protection provided for original works of authorship, while a patent protects
inventions or discoveries. A trademark is a word, name, symbol, or device that is used in trade with goods
to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the
same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
Fair Use
What is “fair use” of Copyrighted material?
Under U.S. Copyright law, “fair use” of a copyrighted work is allowed for the limited purposes of
non-commercial comment, criticism, news reporting, scholarship, classroom use, or research and is not an
infringement of copyright. Any other use is a violation of U.S. Copyright laws.
Public Domain
Isn’t information on the web “public domain”?
No. Most of what you see online is protected by copyright law. Only works in the “public domain” are not
protected and can be used without permission. These include items that are not eligible for copyright
protection such as ideas, facts, names, concepts and principles. The public domain also includes works for
which the copyright protection has expired; federal government documents and publications; and works that a
copyright owner grants to the public domain.
Work Made for Hire
What is a “Work Made for Hire”?
Generally, the author of a work is its creator. However, the Copyright Act makes an exception for what are
called “works made for hire.” In this situation, the employer or other person for whom the work was prepared is
considered the author and owner of the copyright, unless there is a written agreement to the contrary. Works
created by an employee acting within the scope of employment, or those ordered or specially commissioned and
fit within the terms of the Act are considered works made for hire.
Effective Registration Date
What will be my effective registration date?
A copyright registration is effective on the date the Copyright Office receives the application, regardless
of how long it then takes to process the application and mail the certificate of registration. Currently, the
Copyright Office takes about 3-6 months to mail out registration certificates.
That is why we send your completed application via FedEx and provide you with the tracking number as
confirmation of the Copyright Office having received and signed for your application. This establishes your
effective registration date.
Duration of Copyright
How long does Copyright protection last?
For works originally created on or after January 1, 1978, the duration of copyright protection is for a term
for the author’s life plus 70 years after the author’s death. For works made for hire, the duration of copyright
protection is 95 years from publication or 120 years from creation; whichever expires first. For works first
published prior to 1978, the term will vary depending on a variety of factors.
Publication
Does my work need to be “published” in order to register a Copyright?
No, you can register a copyright for both published and unpublished works. A work is published when copies are
distributed to the public through sale, lease, or lending. A work is not published because you merely printed or
made copies of it. For a website, if it has already been posted to the Internet, it is considered “published.”
Poor Man’s Copyright
What is a “Poor Man’s Copyright”?
The practice of sending a copy of your own work to yourself as proof of original authorship is sometimes called
the “poor man’s copyright.” There is no provision in the copyright law regarding this type of protection, and is
not a substitute for registration.
Derivative Works
What if my work contains some material that is not my own?
A “derivative work” is a work based on one or more preexisting works, where the changed version incorporates a
substantial amount of preexisting material that has been published or registered for copyright, or has fallen
into the public domain.
If a work merely incorporates preexisting ideas (which cannot be protected by copyright), but not the expression
of those ideas, it is not considered a changed or derivative work.
Examples of derivative works include translations, a screenplay adapted from a book, a condensed version of an
already published work, a dramatization based on real life events, and a painting based on a photograph. A copyright
protects only the author’s original material.
When our online application asks about “derivative works”, select “Yes.”
Extra-Large Websites
Can I submit an extremely large website?
Yes. There is no limit, however, websites over one gigabyte of data may require special arrangements and
additional fees.
Website Updates
What if I update or change my website?
Your Copyright Registration covers only the material submitted at the time of registration. If you update or
change your site you would need to register the new material in order to protect the new content.
Affiliate Program
Do you have an affiliate program?
Yes. You can earn generous commissions from your website by joining the GoCopyright.com Affiliate program.
To become a GoCopyright.com affiliate, click here.
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