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A copyright is the expression of an idea. It is
established when the expression (i.e. product) is fixed by the author on some acceptable medium. No governmental action is required. Unlike patents, companies can be authors. A copyright gives the author the exclusive right to reproduce, adapt, publicize, perform, and display the creative work. Infringement occurs when any of these rights are violated. No, registration is not required because a copyright is created when the expression is fixed by the author on some acceptable medium. Yes, Federal registration has advantages particularly when dealing with remedies to copyright infringement. Statutory damages are available to registered copyright owners even if actual damages can’t be proved. These statutory damages can range from $200 to $100,000 per infringement. Attorney fees are also available under the Copyright Act. Probably the most important characteristic of registration is that, if the work was created in the U.S., the author cannot bring an infringement action until the work is registered. The current fee charged by the Copyright Office of the Library of Congress is $55 per work or collection of works. A copyright lasts for the life of the author plus 70 years UNLESS the work is a work-for-hire then it is the shorter of 95 years from publication or 120 years from creation. |
What is a
copyright? |
What rights does a copyright give me? |
Do I need to register my
copyright? |
Are there advantages to copyright registration? |
What is the cost for copyright registration? |
How long does a copyright
last? |
Prevention is better than
cure. |
TM |
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