Frequently Asked Questions About Copyright Protection
Intellectual property laws can be confusing and overwhelming. Here are some answers to common questions about copyright protection.
What does copyright protect?
Copyright protection covers original works of authorship, including:
- Literary works such as books, software, websites, reports, and manuals
- Musical works and arrangements
- Dramatic works like plays and choreography
- Pictorial, graphic, and sculptural works including artwork, designs, and technical drawings
- Motion pictures and audiovisual works
- Sound recordings
What isn’t protected by copyright?
Copyright does not protect:
- Unrecorded improvisational performances
- Ideas, procedures, methods, or systems
- Titles, names, short phrases, and slogans
- Common symbols or designs
- Basic facts and listings
- Works without original authorship (like standard calendars)
- U.S. government works
- Public domain works
- Certain AI-generated content
Do I need to register my copyright?
While registration is optional, it’s strongly recommended for important works because:
- Registration is required before filing a copyright infringement lawsuit.
- It provides clear documentation of your rights.
- Early registration (within 3 months of publication) allows you to claim statutory damages up to $150,000 for willful infringement and recover attorney’s fees.
Who owns the copyright in a work?
Generally, the creator(s) of the work automatically own the copyright, with one major exception: works made for hire. These are typically works created by employees within their scope of employment, in which case the employer owns the copyright. Independent contractors usually retain copyright ownership unless specifically assigned through written agreement.
What should I know about using content from the internet or AI?
- Content found online is typically not in the public domain.
- Rights usually belong to the creator, their employer, or an assigned entity.
- Using content without proper authorization may violate copyright law.
- It’s best to obtain materials from authorized sources with written agreements.
- Be cautious with AI-generated content, as rights may be unclear.
What should businesses consider regarding copyright?
- Register copyrights for key works, especially new products, websites, or marketing materials.
- Consider copyright protection for custom software and content.
- When working with independent contractors (designers, developers, consultants):
- Obtain written assignments of copyright.
- Ensure all intellectual property rights are properly transferred.
- Consult legal counsel to review agreements.
Additionally, if you are considering retaining outside assistance for a project by working with an independent contractor — such as a software programmer, website developer, graphic designer, advertising agency, consultant/specialist, product developer, architect, engineer, copywriter, blogger, or social media manager — you should consult with legal counsel to ensure that you obtain a written assignment of copyrights and all other intellectual property rights for works prepared in connection with the project’s scope.