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Holly Ocasio Rizzo

Guide to Copyrights

Protect your work by registering; protect your use by asking permission

By Holly Ocasio Rizzo, Writer and editor, Holly Ocasio Rizzo

Copyright is legal protection against copying or commercially exploiting intellectual property without the creator or the copyright holder's permission. It isn't only for literature and works of art — software, photography, music, video, film and architectural drawings can also be copyrighted.

To protect yourself — whether you're the creator or user — you'll need a three-part approach:

  1. For concrete copyright protection, register your work with the U.S. Copyright Office.
  2. Employees who create a work on the job or independent contractors creating work qualifying as "work for hire" do not own copyright; the employer does.
  3. Copyright gives the owner exclusive rights to copy and distribute the work, to create adaptations of it, and to perform or display it; all others must ask permission.

Action Steps
The best contacts and resources to help you get it done


Get the copyright lowdown

Whether you want to copyright your work or use somebody else's, you need to know the rules. Many business owners are what a copyright really is, who can claim copyright, how to properly secure a copyright and other key issues.
I recommend: The free online guide to Copyright Basics from the U.S. Copyright Office has answers to all common copyright questions. The basic copyright registration fee is $45.

Know whether it's protected

Check the copyright status of intellectual works, and look for name changes and transfers of ownership.
I recommend: The U.S. Copyright Office offers three copyright-search databases dating back to 1978.

Step-by-step registration procedures

Copyright registration is a legal formality that establishes a public record of the basic facts of your copyright.
I recommend: While registration is not required for you to own a copyright, the law offers several advantages to encourage copyright owners to register. The Copyright Office has complete registration details for different types of works.

Ask before using

A letter asking permission to use copyrighted material can be short and sweet, but it must cover certain basics about how the work will be used.
I recommend: A one-page sample request to use copyrighted material is available at U.S. Legal Forms.

Give permission to others

Make sure you put in writing all the details — payment, restrictions on location, defined use, credit given, purpose and more — when someone wants to use your copyrighted work.
I recommend: Juris Documents provides a form for an agreement to use copyrighted material.

Notify unauthorized users

Let someone know when they've used your work without permission — that's why you registered copyright in the first place.
I recommend: Find a notice of infringement form at AllBusiness.

Tips & Tactics
Helpful advice for making the most of this Guide

  • Copyrights don't protect names, phrases, slogan or logos — for this, you'll need to conduct a trademark search and register a trademark.
  • Violations of copyright often involve use for commercial gain.
  • The copyright owner may request a fee, especially if the work will be used for commercial purposes.
  • Beware of the "fair use" rule of copyright; its provisions are limited.
  • Works in the public domain require no permission before use.

The official source of Copyrights is the Copyright Law page at Business.com

Copyright your Work Online
Protect your Original Work in 3 Easy Steps. Affordable, Reliable and Professionaly Prepared. As Seen in CNN and The New York Times.
www.LegalZoom.com/Copyrights

Recommended Solution Providers

AllBusiness: Copyright Guide
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Copyright Website: Copyright Registration
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Best Sites to Learn More

eFuse: Copyright Basics
Focuses on basic copyright issues for novices.

Indiana University: Copyright Guide
Features a quick reference guide for copyright information.

U.S. Patent and Trademark Office: Copyright Basics
Learn what a copyright protects.

Beginner's Guide: Copyright Basics
Provides basic information about copyrights.

LegalHelpOnline.org: Copyright FAQs
FAQs about copyrights.

WhatIsCopyright.org: Copyright Protection Basics
Explains copyright protection.

U.S. Copyright Office: Copyright Registration
Learn how to register a copyright.

IntelPropLaw: Copyright Resources
Provides links to copyright information.

Copyright: Copyright FAQs
FAQs about copyrights.

Best Blogs and Forums

IntelPropLaw: Copyright Forum
Discussions about copyright issues.

Counsel.net: Copyright Forum
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FreeAdvice: Copyright Forum
Discuss copyright issues with others.

Lawyers: Intellectual Property Forum
Ask lawyers questions about intellectual property issues.

LibraryLaw: Copyright Blog
Blogs about copyright.

Public Knowledge: Copyright Blog
Focuses on copyright news and issues.

Tech Law Advisor: Copyright Blog
Articles about copyright issues.

Patry Copyright Blog
Features articles on copyright law.

Pierce Law IP News: Copyright Blog
Articles and news on intellectual property. Select the copyright category.

About: Copyright Infringement Blog
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SMB IP Protection & Management: Blog
Dedicated to the intellectual property needs of individuals and small to medium sized companies.



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