Protecting Copyrights
Grace J. Fishel, Intellectual Property Lawyer, can assist you with protecting copyright at our office in St. Louis, MO. This often misunderstood area is something we handle all the time. Learn more here, and get in touch with us to ask any questions, or to begin the process.
When does a copyright come into existence?
Under current U.S. copyright laws, a work receives copyright protection automatically when it is fixed into a tangible form. Currently, copyright registration and notice of copyright are not conditions to copyright protection. Marking, however, may obviate an innocent infringer's defense, and registration has the benefit that the copyright owner may seek attorney's fees and statutory damages in court if the work is registered within three months of publishing or prior to the infringement. Otherwise, the copyright owner must prove loss or the infringer's profit, something that may require accountants and other expenses.
The copyright symbol, or copyright sign, ©, is the symbol used in copyright notices for works other than sound recordings (which are indicated with the circle P symbol). Use of the symbol is not conditioned upon registration.
How is a copyright registered?
An application for copyright registration contains three essential elements: a completed application form, a nonrefundable filing fee, and a nonreturnable deposit—that is, a copy of the work being registered and "deposited" with the Copyright Office.
What is the effective date for copyright registration?
Copyright registration is effective once the Copyright Office receives all of the required elements of an application. This means that regardless of how long the processing time is for a copyright (typically about nine months), to be officially registered, the effective date of registration is the date on which the application is received.
