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.

 

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.
Try: 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.
Try: 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.
Try: 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.
Try: 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.
Try: 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.
Try: Find a notice of infringement form at AllBusiness.

• 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.