By Gary Shuster
Copyright is one of the oldest and most widely applicable forms of intellectual property protection. If you’ve ever written an email, taken a photo, or sketched on a napkin, congratulations — you’ve created copyrighted work. Here’s what you need to know.
What Copyright Protects
Copyright protects original works of authorship fixed in a tangible medium. That includes literary works, music, film, software, photographs, architectural designs, and more. The key word is “original” — it doesn’t have to be good or innovative, just independently created with a minimal degree of creativity.
What Copyright Does NOT Protect
Copyright does not protect ideas, facts, methods, or systems. It protects the expression of ideas, not the ideas themselves. You can’t copyright the idea of a love story, but you can copyright your specific novel about one.
How Copyright Arises
In the United States (and most countries that follow the Berne Convention), copyright arises automatically when a work is first fixed in a tangible medium — written down, recorded, saved to a file. You don’t need to register, use a copyright notice, or do anything special. However, registration with the U.S. Copyright Office provides important benefits, including the ability to sue for infringement and to recover statutory damages and attorney’s fees.
How Long Copyright Lasts
For works created today, copyright generally lasts for the life of the author plus 70 years. For works made for hire (created by employees in the scope of their employment), it’s 95 years from publication or 120 years from creation, whichever is shorter.
Frequently Asked Questions
Do I need to register my copyright?
Registration isn’t required for copyright protection, but it’s highly recommended. Registration creates a public record of your claim, is required before you can file a lawsuit for infringement (for U.S. works), and enables you to recover statutory damages and attorney’s fees — which can be substantial.
What is the difference between copyright and trademark?
Copyright protects creative works (books, music, code, photos). Trademarks protect brand identifiers (names, logos, slogans) that distinguish goods and services in commerce. A company’s logo might be protected by both: copyright for the artistic design, and trademark for its use as a brand identifier.
Need copyright guidance? Contact DeepLaw for expert IP counsel.