Thursday, October 11, 2012

When is my content protected by copyright?

You're protected as soon as you write it down. According to US Copyright law, your work is "under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device." Therefore, if you've just composed a hit song in your head, it's not protected by copyright until you write out the sheet music or record it on an audiotape, digital file, or digital video. The same for your novels, poems, films, and any other content you create. You must create it in a fixed and tangible form to have protection. Once you do this, you are entitled to put your 'c' copyright on your work, whether or not you register the work with the copyright office. So why would you want to register your work? Because you can't sue anyone for copyright infringement unless your work is registered. The best protection is to register your work within five years of creating it. That is considered prima facie evidence for a court of law. If you don't know what prima facie evidence is, you haven't watched enough legal shows on TV. You don't have to pay a lawyer to register your copyright. The US government has put your tax dollars to work and created a website, www.copyright.gov, that is full of information on how to register (and is also the source for this post). I urge you to look at it if you are concerned how US copyright law helps protect you. Don't assign your copyright to a corporate entity, record company, manager, or any other person. The owner of the copyright owns the work, and the only way you can maintain control is to maintain ownership. There may be times when you are working for a company that the content you create is 'work for hire' and is owned by the company. Other than that special case, if you are writing a novel, creating a web video, a new song, cartoon, poem, or any other personal content, it belongs to you by law. Don't give it away.

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