Bailey Law

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Copyright Essentials, Part II

As mentioned earlier, many people who use the term “copyright” are referring to the protection federal law provides when you register your copyright with the U.S. Copyright Office. What many people are not aware of, is the fact that a copyright is created the minute you create the work. Yes, that's right. No publication or registration or any other action is actually required to secure your copyright. If you create it in a permanent form then it is protected. However, registering your copyright with the U.S. Copyright Office will grant your work far more protection than any common law right to your work would.

In order to obtain full protection of your work, you will need to file for copyright protection with the United States Copyright Office. Once you file for (and are granted) copyright protection with the U.S. Copyright Office, you have superior rights to the copyrighted artistic or intellectual work. At that moment, the public is put on notice that you have sought copyright protection for that work.


Once you register your copyright, federal law gives you copyright protection and the exclusive right to do any of the following with the work:

  1. reproduce the work

  2. prepare derivative works

  3. distribute copies of the work to the public by sale or other ownership transfers like rental, lease, or lending

  4. perform the work publicly (think music, moves, etc)

  5. display the work publicly


In addition, and perhaps most importantly, by filing with the US Copyright Office, you are essentially securing your right to obtain damages against anyone violating your rights to the copyright. Because your copyright registration gives you the exclusive right to use the work, federal law allows you to sue anyone using your work without your authorization for statutory damages and legal fees. Federal law basically allows you to sue someone to enforce your exclusive right to use the work.


If you believe someone is infringing on your exclusive right to use copyrighted work, an experienced copyright attorney can help you protect your valuable ownership rights.