Copyright basics. What it protects and how it works.
Copyright is one of the four pillars of intellectual property: it protects original works of authorship. Software code, written content, music, photography, video, illustrations, design - all are eligible. Unlike trademarks (which require registration) and patents (which require examination), copyright protection is automatic the moment a work is fixed in a tangible medium. Registration with the US Copyright Office is optional but strengthens enforcement rights significantly.
Start here.
Copyright exists the moment an original work is fixed in tangible form. No registration required for basic protection.
Registered copyrights can sue for statutory damages ($750-$150,000 per work) and attorney fees. Unregistered copyrights cannot.
Life of author + 70 years. Works made for hire: 95 years from publication or 120 from creation, whichever is shorter.
Ideas, facts, methods, systems, common phrases, titles, names. Copyright protects expression, not the underlying idea.
Limited uses for commentary, criticism, education, parody, and news reporting may be allowed without permission.
The full picture.
What copyright protects
Original works of authorship fixed in tangible medium: literary works (writing, software code), musical works (compositions and recordings), dramatic works (plays, screenplays), pantomimes and choreographic works, pictorial/graphic/sculptural works (photography, design, illustration), motion pictures and audiovisual works, sound recordings, architectural works.
What copyright does NOT protect
Ideas, facts, methods, processes, systems, principles, discoveries. Names, titles, short phrases, slogans (use trademark for these). Works of the US government (public domain). Common information conveyed without original expression.
Automatic vs registered
Copyright exists from creation. Registration is optional but opens up: statutory damages ($750-$150,000 per work for non-willful, up to $300,000 for willful), attorney fees in litigation, presumption of validity, ability to record with US Customs to block infringing imports.
How to register
File electronically at copyright.gov. Cost: $45 (single author, single work) to $125 (group registrations). Provide a deposit copy of the work. Typical processing: 3-9 months.
Duration
Life of the author + 70 years for individual-author works. For works made for hire (employee work product, certain commissioned works): 95 years from publication or 120 years from creation, whichever expires first. Older works may have different rules.
Fair use
Section 107 exception. Four factors weighed: (1) purpose and character (commercial vs nonprofit; transformative vs verbatim); (2) nature of the work; (3) amount used; (4) market effect. Fair use is fact-specific and contested.
Work for hire
Works created by employees within scope of employment are owned by the employer. Works by independent contractors are owned by the contractor unless: (a) covered by a written work-for-hire agreement, AND (b) fall into one of nine statutory categories.
International protection
US copyright is recognized in 180+ countries under the Berne Convention. Most foreign works receive automatic US protection without registration.
Infringement
Use without permission of any of the exclusive rights (reproduction, distribution, derivative works, public display, public performance). Remedies: injunction, damages, attorney fees, criminal penalties in some cases.
Common questions.
Do I need to register for protection?
How long does it last?
What if I created code as an employee?
What if I created code as a contractor?
What is fair use?
Can I copyright a name or title?
Can I copyright a recipe?
Cost of registration?
Where do I register?
IP setup, done right.
Trademark filing, copyright registration, attorney-vetted IP assignment, and connection to specialty IP attorneys for patents.
This guide is educational. Specific IP decisions require professional legal advice.
On the $129/yr Compliance Annual Filings plan, we cover state late fees.
When you autofile your annual report through the $129/yr plan and we miss the deadline, we pay the state's late fee. The guarantee applies to that specific plan and the filings it includes. Other File.Business services are billed at the prices on this page.