Publications

Copyright Can Protect Your Valuable Assets Without A Lot Of Hassle

by Mary Lu Sanders-Zinser

The so-called “Information Age” in which we live can be as confusing as it is exciting. The advent of the Internet made it easy to find information covering any number of topics—and do so quickly. The perception that everything on the Internet is free for all to cut, paste, copy and use is still prevalent, but wrong.

Any original work of authorship in a tangible form of expression, online or not, is protected by copyright the instant it is created. Our founding fathers provided for copyright protection in Article I, Section 8 of the U.S. Constitution, as follows: “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

The writers of the Constitution and Congress, in Title 17 U. S. Code, sought to promote creativity by granting an author a temporary monopoly on the use of his or her work. Copyright protects poems, software, musical compositions, oil paintings, photographs, sculptures, plays, graphical drawings, movies and most other creative expressions. The key to copyright protection is that the work must be an original work of authorship.

For example, if an art club is to travel to a scenic place and each club member is to independently paint the scene, each one would create an original work of art. The scene painted by each artist would be immediately protected by copyright and could be registered. Each member’s work, though original, would likely be quite similar to the work of the other members because each member painted the same scene. Although similar, each member’s work would be copyright protected because it would be an original work of authorship.

Why Is Copyright Important?

Only the copyright owner has the right to copy, sell, license, display or use the work. Only he or she may use the protected work to create another work, or use the work to stage a play or give a lecture in public. The few exceptions to this rule include limited use of a copyright protected work by schools, academic researchers and reviewers of the work.

Sometimes the author of an original work does not automatically own the work’s copyright. For instance, an employer typically owns the copyright to an original work of authorship created by an employee, if creation of the original work is part of the employee’s job. But if a contract worker authors the original work, copyright ownership must be clearly stated in the contract before any work is done or a controversy could erupt. Furthermore, a copyright owner may transfer ownership in a copyright to another individual or an entity, which will become the new owner of the copyright. The new owner of the copyright may then claim ownership by use of the copyright notice and register the work in the U.S. Copyright Office.

Registration?

Yes, copyright is automatically owned by the author with the act of creation, but if there’s a dispute over ownership, a court will decide who owns the work. Registration is necessary just to seek the court’s help.

Registration of the original work of authorship in the U.S. Copyright Office creates a public record, which could be very useful to prove ownership in the future. It’s also necessary to sue an infringer, and registration provides advantages in an infringement lawsuit. Registration is also required to seek protection from infringing imports.

Copyright Notice?

Whether or not the copyright is registered, copyright owners should use the familiar copyright notice “©.” Although the use of the notice is not required by law for work created since 1989, its use is still important because it announces that the work is protected, gives the name of the copyright owner and disarms any infringer who might claim that he or she didn’t know the work was copyright protected.

According to the U.S. Copyright Office the following notice should be displayed so that it is easy to see:

© Year work first published Copyright Owner

Example: © 2003 Jane Doe

However, if the work is music, a lecture, a play or some other sound recording, which is captured on a recording medium such as a CD or cassette tape, the following notice should be used:

Year work first published Copyright Owner

Example: 2003 Doe Records

Depending on the ownership and the date of publication, a single copyright registration now protects a work for 70 to 120 years. Copyright should be part of estate planning as well as current and future business planning.

This article is for information only and is not intended to constitute legal advice nor the formation of an attorney/client relationship.

Mary Lu Sanders-Zinser (mlsz@iplawcenter.net) is an intellectual property attorney with the Intellectual Property Law Center, LLC.

© St. Louis Small Business Monthly, The Source for Business Owners November 2003.

St. Charles Business Magazine: August/September 2004
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