QUESTION

When is copyrighted work protected?

Asked on Jun 10th, 2013 on Patents - Utah
More details to this question:
Hello! I am filing a copyright. When is that work protected? When I file with the government website? Or when I hear back from them that it's been registered months later? When would it be safe to show others my work? Thank you!
Report Abuse

9 ANSWERS

Your work is copyrighted the moment you create it and claim it as yours. You would have to be able to prove that you created it and when you created it. You should put on the work "Copyright date name". When you register the copyright then that is evidence that you are the owner.
Answered on Jun 19th, 2013 at 5:02 PM

Report Abuse
Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
Update Your Profile
Your copyright exists - under US Law - as soon as you create your original work. The ability to enforce your copyright against others requires completion of the registration process at the US Copyright Office. Feel free to share your work with others. You should include the "copyright notice" - "Copyright 20XX by Your Name."
Answered on Jun 11th, 2013 at 11:37 AM

Report Abuse
You have copyright ownership in your original work of authorship the moment it has been completed in any tangible medium. Your copyrights in the work are not contingent upon trademark registration. However, there are many good reasons to obtain trademark registration. The most important benefits from registration are access to attorneys fees, statutory damages and a presumption of validity. While you can sue someone for trademark infringement without first obtaining a trademark registration, you will be in a better legal position if you have the trademark registration first. As always, you should seek the advice of an intellectual property attorney so that he/she can more completely advise you based on the facts of your particular situation and how to best leverage your copyrights.
Answered on Jun 11th, 2013 at 3:13 AM

Report Abuse
Licensing Attorney serving Portland, OR at Mark S. Hubert PC
Update Your Profile
Since 1978 is it protected from the moment of creation forward. Registering it only affords you additional benefits such as enhanced damages and attorney fees in the event that you successfully sue someone.
Answered on Jun 11th, 2013 at 3:13 AM

Report Abuse
Intellectual Property Attorney serving Southfield, MI at Gerald R. Black
Update Your Profile
The Berne Convention is the international treaty for copyright protection. The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the *Berne Union*) in the same way it recognizes the copyright of its own nationals, which means that, for instance, French copyright law applies to anything published or performed in France, regardless of where it was originally created. In addition to establishing a system of equal treatment that internationalized copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law. An author from any country that is a signatory of the Berne Convention is awarded the same rights in all other countries that are signatories to the Convention as they allow their own nationals, as well as any rights granted by the Convention. Copyright under the Berne Convention must be automatic. Automatic protection. Under Berne, no formalities are required as preconditions to protection. In other words, member countries cannot require that authors and publishers give notice of the copyrighted status of the work in order for the work to be protected by law (e.g., mandatory use of a ? symbol or required registration of copyrighted works). It is prohibited to require formal registration. Please note, however, that when the U.S. joined the Berne Convention in 1988, it continued to make statutory damagesand attorney's fees only available for works registered with the Copyright Office. I hope that this helps.
Answered on Jun 10th, 2013 at 11:44 PM

Report Abuse
Personal Injury Attorney serving Midvale, UT at Arrow Legal Solutions Group, P.C.
Update Your Profile
It's protected at the time you create it. It's simply easier to prove after you file for copyright protection and register it with the fed government
Answered on Jun 10th, 2013 at 1:37 PM

Report Abuse
Showing others has nothing to do with obtaining a copyright or registration thereof. Since 1978, a US copyright is perfected by embedding an original creative work in tangible media. However, if the copyright holder wishes to collect damages under federal copyright law (e.g. payment from those who might copy the work), the copyright must first be registered. This brief explanation omits many details and discussion of licensing, sale, work for hire, fair use, and other important aspects. If you believe your copyright will be *valuable*, it would be wise to engage an attorney for particularized advice and strategy for your situation.
Answered on Jun 10th, 2013 at 1:36 PM

Report Abuse
Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
Update Your Profile
Copyright protection begins the moment you place your original expression of an idea in some sort of permanent medium. You do not have to register your work with the U.S. Copyright Office at any time to have that protection. However, registering does provide a public record that you own the copyright to the work and it allows you to recover attorney expenses should you win a case of copyright infringement.
Answered on Jun 10th, 2013 at 1:36 PM

Report Abuse
Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
Update Your Profile
Once you have filed your application you are protect, AS LONG AS there are no problems later with registration and as long as you have not made mistakes in the application that might ruin the protection later.
Answered on Jun 10th, 2013 at 1:35 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters