A copyright comes into existence the moment the work is “fixed” into any tangible medium.  A “tangible medium” can be paper, a tape, or a digital file, among other things. Therefore, if you have written a song out in notation, you own the copyright (assuming you didn’t steal the work because copyrights have to also be original—we’ll get into that some other time). Likewise, if you recorded the song, you own the copyright to the song as well (note that you may also own the recording or the “sound copyright”, which is a distinct copyright from the song copyright—we’ll also get into this another time).   With this basic understanding, lets dive into some further copyright basics:

  Copyright law does not protect ideas, it protects the expression of an idea.  Protection given to copyrighted material goes beyond the exclusive right of the copyright holder to make copies of the work.  Copyright law also mandates that the copyright holder is the only individual who may create another work based upon the copyrighted work (known as “derivative works”), distribute copies of the work, display the work publicly, or perform the work (or a sound recording of it) publicly (e.g. play your song on the radio or perform it in a club).

 While copyright is often associated with the protection of music or movies, it can be obtained for any work deemed to be creative expression, including literary works, dramatic musical works (plays, musicals, etc.), dance choreography, graphic designs, sculptures, and architectural works.

  Registration of a copyright is not required to obtain a copyright or to protect creative expression (but as discussed below, is very important and should always be done).  The moment that an author “fixes” his work in a tangible form, the work is protected under law.  For example, a musician comes up with a catchy tune while playing her guitar.  She works on it a while and gets it to the point where she is ready to write it out in notation or tablature, or, better yet, record the tune on a blank tape.  The moment that she does anything to fix that song into some form where it can in, some manner, render the expression of the author to the world, the work is fixed and protected.  However, if she writes the song in her head while walking down the street, or plays the tune in her garage a few times and doesn’t fix it in some tangible form (e.g. audio tape or video tape) or some other medium (CD-r, MP3 or digital hard disc recorder) or on paper (in notation, tablature, etc) – it is not protected.

 Another case where the creator of a creative work, such as a musician, cannot lay claim to ownership of a work (and therefore copyright) is when that work was created in a “work for hire” situation.  If Stephen Spielberg commissions John Williams to write a musical score for Spielberg’s new film with the understanding that the work is for the film, Spielberg will be considered the author of the work and thus its rightful copyright holder.  Another example of the “work for hire” scenario is the reporter employed by the newspaper.  While the reporter is the originator of the articles he writes, the employing newspaper is considered the author of the articles for purposes of copyright because the articles were written within the scope of the reporter’s employment.  

REGISTRATION BASICS

 While registration is not required to get a copyright, there are several benefits to doing so and one should always register works that they wish to protect.  Registration creates a public record showing that the author is indeed the author.  If the occasion should arise where the copyright holder discovers that one of his exclusive rights has been infringed, he must register the work before he may file an infringement lawsuit.  Also, if registered before or quickly after publication, the copyright holder’s suit will stand to prosper better in both showing that the copyright holder is the author of the work and in receiving more money by way of larger damages and recovering attorney’s fees.

   Registration can be done online at www.copyright.gov.  If you would like our assistance, please contact us. 

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Copyright Notice  or "©"

 Providing a notice of copyright, the well-known symbol ©, is no longer required by law, but, nonetheless, is still a wise practice.  The symbol notifies a would-be infringer (thief) that the work is protected and gives other useful information such as the copyright holder’s name and the year the work was published.  It also gives you better rights when trying to sue an infringer (thief). To use the “©” symbol properly, follow it by the year of fixation and the author’s name. On MS Word if you use a (C) it should automatically become the “©” symbol. You can also find it under “Insert” and then “symbol” on the file menu. If that doesn’t work, you are also allowed to simply write the word “Copyright” instead of using the “©” symbol.   You may also want to add “All Rights Reserved”. This phrase has no legal meaning in the United States, but it does in other countries.  See below for an example of how to use a copyright notice.