Wondering what is required for a copyright and why you should register a copyrighted work? Here is what you need to know.
What is required for a copyright?
There are three requirements for a work to be copyrighted:
- The work must have the correct subject matter (expression, not just ideas).
- The work must be fixed in a tangible medium of expression. Works such as choreography and dances must be videotaped to be fixed.
- The work must be original, and the author must have created it independently.
How do I tell ideas apart from expression?
The method most courts apply is an abstraction test. The court will look at the makeup of a work, and abstract from the specific to the general in describing the work. Copyright lawyers can help in analyzing the contradictory precedents.
How do I tell if a work is functional?
Architecture, sculpture, and industrial design are only copyrightable to the extent the creative expression in them is “conceptually separable” from their function. For example, a sculpture could not be copyrighted if it served to hold up a building and had no other ornamentation. What qualifies as conceptually separable, however, varies greatly from court to court and case to case.
Interested in learning more about our approach to trademark and copyright law?
What is a valid copyright notice, and do I have to put it on my work to get protection?
A copyright notice should contain the word “copyright” or a “c” in a circle (©), the date of publication, and the name of either the author or owner of the copyright rights. While not required, all works published should include a valid copyright notice to maximize legal benefits and because the very existence of a notice may deter infringers.
Why should I register a copyrighted work?
Registration of a work with the US Copyright Office creates a presumption of ownership in the copyright. If someone copies your copyrighted work, you may file suit and, if successful, receive statutory damages and attorneys’ fees. Without a registration, you may not receive damages. In addition, registration has no time limit. You can register many years after initially copyrighting a work as long as the copyright has not expired. Finally, registering is not costly and requires little paperwork.