How do I obtain and protect a copyright on my work?

UPDATED: Jul 17, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 17, 2023

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UPDATED: Jul 17, 2023Fact Checked

Copyright protection arises upon creation of a work, even without formal action on the part of the author. However, it is wise to always place a copyright notice–typically a “c” inside a circle (©), with a year next to it and the name of the copyright holder–on every publication of the work.

If you want to further protect your copyrighted material, you will need a formal copyright from the United States Copyright Office. This way, you will be able to take legal action if your work is infringed upon. Visit the United States Copyright Office online for basic information. Unlike with a patent, you must submit a complete copy of the copyrighted work to the copyright library for approval. This is necessary to ensure that your work is unique and that it remains unique from similar works by someone else.

When applying for a copyright you simply fill out the form and send it in with a copy of your work and a fee. You may be able to complete the form online, but some applications must be completed on paper and mailed in with the appropriate fee and deposit. Once the US Copyright Office receives the form, they review your work and either approve, deny, or request further information.

Under current law, your copyright is honored by most countries in the world. This means, for instance, that your copyrighted movie cannot be pirated in Turkey. If it is, then you have the right to prosecute the offender. The tricky part of copyright protection is in discovering the breach of copyright. It’s a big world, it can be very difficult for artists and writers to find out if their copyright has been violated. If your writing is online, consider using plagiarism software to occasionally see if any “copies” of your work show up on other websites. In addition, if you are a musician, run a search for your most popular songs through Google and make certain that no one has posted any of the songs online without your permission.

If you have further questions regarding copyright protection or how to obtain a copyright, contact an attorney who specializes in intellectual property law.

Case Studies: Copyright Protection and Obtaining a Copyright

Case Study 1: The Unauthorized Publication

Upon discovering the unauthorized publication of her debut novel, Sarah faced significant challenges. She had to gather evidence of the infringement, including timestamps and copies of her original work, to build a strong case. Sarah then engaged an intellectual property lawyer to issue cease-and-desist letters and potentially file a lawsuit against the online platform responsible for the infringement, seeking damages for the unauthorized use of her copyrighted material.

Case Study 2: The Plagiarized Song

When John found out that one of his original songs had been plagiarized and posted on a website without his consent, he took immediate action to protect his creative rights. He contacted the website administrators and requested the removal of the infringing content, providing proof of his ownership and copyright registration.

Simultaneously, John consulted with a copyright attorney to explore legal avenues, such as filing a Digital Millennium Copyright Act (DMCA) takedown notice or pursuing a copyright infringement lawsuit, to hold the responsible parties accountable and seek compensation for the unauthorized use of his music.

Case Study 3: The International Copyright Violation

After discovering the unauthorized distribution and sale of her independent film in a foreign country with lax copyright enforcement, Emily faced complex legal hurdles. She sought the assistance of an experienced international intellectual property attorney to navigate the intricacies of cross-border copyright infringement.

Emily’s legal team collaborated with local authorities and pursued legal action against the infringers, potentially involving diplomatic channels to address the violation and protect her intellectual property rights on an international scale. Additionally, she explored strategies like implementing digital rights management systems and seeking partnerships with reputable distributors to minimize future copyright infringements.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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