Copyright FAQ’s

What is a copyright?

A copyright protects original, literary, dramatic, musical or artistic works. A copyright protects the expression of an idea, not the idea itself. By way of example, Margaret Mitchell, the author of Gone With the Wind has a copyright in her book. Her copyright does not give her the right stop someone from writing a book about the Civil War.

A copyright owner has a “bundle” of exclusive rights, which include the exclusive right:

  1. To reproduce the work
  2. To prepare derivative works
  3. To distribute copies to the public
  4. To perform the work publicly
  5. To display the work publicly
  6. In the case of sound recordings, to perform publicly by means of a digital audio transmission

What does a copyright cover?

A copyright does not protect against independent creation. Copyright infringement occurs when a work is copied. Direct evidence of copying may not be available, so copying may be proven by showing access to the original work and substantial similarity.

Unless a work is “a work for hire,” the creator of the work is considered the author and the copyright owner. A copyrightable work is “made for hire” in two situations. First, when it is created by an employee as part of the employee’s regular duties. Second, when a certain type of work is created as a result of an express written agreement between the creator and a party specially ordering or commissioning it.

What does it mean to register a copyright?

A copyright attaches as the moment the work is fixed in a tangible medium. But the Copyright Act requires that a certificate of registration (or refusal) from the U.S. Copyright Office is required to bring a copyright infringement lawsuit in federal court. Regular processing of a copyright application is in the range of three (3) months; expedited processing may be obtained upon payment of a special fee (currently $800). Copyrights are not lost by delaying registration, however, remedies may be impacted as discussed below in the damages section.

The Digital Millennium Copyright Act (DMCA) provides a notice and takedown regime. Online marketplaces have generally implemented provisions to permit takedowns of infringing images appearing on the marketplaces.

How much does it cost to register a copyright?

The fee range is $1,000-$1,5000 for copyrights.