Practice Areas / Copyrights / Copyright FAQs

Copyright FAQs

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; and
6. in the case of sound recordings, to perform … 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-$1,500 for copyrights.