Copyright Essentials, Part I

The term “copyright” is used everywhere you look. Almost everyone has heard the term, but many people do not really understand what a copyright is and when it applies. In truth, many people regularly use the terms copyright and trademark interchangeably. They are, however, very different. When people refer to the term “copyright,” they are usually referring to the protection that federal law gives to authors who create “original works of authorship” in literary, dramatic, musical, artistic, and certain other intellectual works (Title 17 of the United States Code).

You may be wondering what kinds of work can be copyrighted. Well to keep it simple, federal law divides work that may be copyrighted into certain categories, which include:

1. literary works

2. musical works

3. dramatic works

4. pantomimes and choreographic works

5. pictorial, graphic, and sculptural works

6. motion picture and audiovisual works

7. sound recordings

8. architectural works

You may obtain a copyright from the United States Copyright Office for any artistic or intellectual work that falls into one of the above categories, if you are the original author of the work.

At this point, you may be wondering WHY would you ever spend the time, energy, and money to copyright your intellectual or artistic work. Well, for starters, a federally registered copyright announces to the world that you own a certain work. The United States Copyright Office essentially creates a public record of your copyright and then our law presumes that once you file for copyright protection with the U.S. Copyright Office, the public is on notice that you have an ownership interest and claim copyright protection under United States copyright laws.

An experienced entertainment attorney or a copyright attorney can help you determine whether or not your work may be copyrighted and advise you on the benefits and drawbacks of registering your copyright with the U.S. Copyright Office.