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IP guideCopyright protects original works of authorship: writing, music, software code, photography, video, design. Protection is automatic on creation; registration with the US Copyright Office strengthens enforcement.
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IP guide
Copyright Basics · File.Business

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.

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Key facts

Start here.

Key fact
Automatic protection

Copyright exists the moment an original work is fixed in tangible form. No registration required for basic protection.

Key fact
Registration strengthens enforcement

Registered copyrights can sue for statutory damages ($750-$150,000 per work) and attorney fees. Unregistered copyrights cannot.

Key fact
Duration

Life of author + 70 years. Works made for hire: 95 years from publication or 120 from creation, whichever is shorter.

Key fact
What is NOT protected

Ideas, facts, methods, systems, common phrases, titles, names. Copyright protects expression, not the underlying idea.

Key fact
Fair use exception

Limited uses for commentary, criticism, education, parody, and news reporting may be allowed without permission.

In depth

The full picture.

01

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.

02

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.

03

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.

04

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.

05

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.

06

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.

07

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.

08

International protection

US copyright is recognized in 180+ countries under the Berne Convention. Most foreign works receive automatic US protection without registration.

09

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.

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FAQ

Common questions.

Do I need to register for protection?
No. Protection exists from creation. But registration is required to sue and to get statutory damages.
How long does it last?
Life of author + 70 years; works for hire 95/120 years.
What if I created code as an employee?
Employer owns it under work for hire.
What if I created code as a contractor?
Contractor owns it unless work-for-hire agreement specifies otherwise. Always include IP assignment in contractor agreements.
What is fair use?
Limited use for commentary, criticism, education, parody allowed without permission. Fact-specific.
Can I copyright a name or title?
No. Use trademark.
Can I copyright a recipe?
Recipe ingredient lists: no. Recipe expression (instructions, photos, commentary): yes.
Cost of registration?
$45-$125 depending on type.
Where do I register?
copyright.gov (US Copyright Office).

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.

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