Copyrights are designed to protect certain types of work that are either written down or otherwise made to exist in tangible form.  Tangible form simply means that the idea exists somewhere outside of the confines of your mind, whether it is on paper, or recorded on tape, or in blueprints, etc.  For example, an idea for a short story that you tell someone about will not enjoy the protection of a copyright.  But if you write the idea down on paper first, you may claim a protected right to it and prevent others from using it.
 
Not all tangible works are copyrightable. There are several other qualities it must first endure, such as sufficient length (a mere word is not substantial enough to copyright) and originality.  A copyright is worth establishing when you are able to do so, however, because it allows you to prevent all others from reproducing or otherwise benefiting from your work (with a few exceptions).
 
The advent of the internet has increased the importance of establishing and maintaining copyrights.  Content that appears on a website launched in Des Moines may be viewed in Detroit, Dublin, or Djibouti.  This worldwide accessibility makes proper and long-lasting protection of your intellectual property a top priority. 
 
Selinsky Law Offices is involved in all stages of intellectual property protection, from searches and filing to enforcing your rights against others.  Please contact our office for more information on what you can do to preserve your intellectual property.

What advantages will I acquire for my work if I do register it? There are several.  First, statutory damages and attorneys' fees will be available to a copyright owner in a court action, if registration is made within three months after publication of the work or prior to an infringement of the work.  Otherwise, only an award of actual damages and profits are available to the copyright owner.  Secondly, registration establishes a public record of an owner's copyright claim and, if made within five years of publication, registration will establish prima facie evidence of the validity of the copyright.  Finally, registration allows a copyright owner to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.

Do I need to register my work before I can file an infringement action? Yes, if the work is of U.S.

If I do file an application, when is it effective? A copyright registration is effective on the date the Copyright Office receives all required elements in acceptable form, regardless of how long it then takes to process the application and mail the certificate of registration.  The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving.

Once my work is registered, how long is it protected? A work created on or after January 1, 1978 is automatically protected from the moment of its creation.  That protection endures for the life of the creator plus 70 years after his or her death.

Am I required to provide notice of my copyright? Not any more.  As of March 1, 1989, notice of a copyright is not required for its validity.  However, notice may be beneficial in preventing infringement and overturning a claim of innocent infringement by proving the offender knew or should have known the work was copyrighted.