Every writer, artist, coach, musician, producer and other professional producing original works of authorship fixed in a tangible medium of expression knows the importance of the copyright. However, even some of the most basic points of the protection offered by the © symbol are often unknown or misunderstood.
One commonly held misconception is that a “poor man’s copyright” – the practice of sending a copy of your own work to yourself – will protect your work. The fact is, there is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.
Many first-time users of copyright assume that the protection applies only to written work. In fact, copyright, which is a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Equally important to know is what copyright does not protect: facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Another important and powerful aspect of copyright law is that it is not necessary to register a copyright in order to be protected. Copyright covers both published and unpublished works. 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.
In general, registration is voluntary. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.
Registration can be desirable for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Also, registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.
One of the most common questions regarding copyright is whether or not a United States copyright protects the work in other countries. The answer is “yes” and “no”. The United States has copyright relations with most countries throughout the world, and as a result of these agreements, honors each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States.
© 2004. All rights reserved. Impact Coaching International™
You may copy or distribute this article free of charge as long as it is kept intact and sent in its entirety including copyright notice and full information about contacting the author, Rosemary Hauschild.Rosemary Hauschild is a business coach serving creative individuals developing intellectual property. Impact Coaching International™ offers a year-long program showing creative individuals how to protect, promote and profit from their innovative ideas in less time and with more profits. This coaching program is delivered through quarterly workshops, teleconference calls, web casts, fax and email. Individual coaching services are also available. To learn more about how to protect and promote your intellectual property, you are invited to subscribe to the free e-zine, Creations Of The Mind™, by sending an email to impactcoaching@msn.com with the following phrase in the subject line of your e-mail: subscribe creations list.
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