- What is copyrightable and what is not.
Copyright protection existin original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
Works of authorship include the following categories:
literary works;
musical works, including any accompanying words;
dramatic works, including any accompanying music;
pantomimes and choreographic works;
pictorial, graphic, and sculptural works;
motion pictures and other audiovisual works;
sound recordings; and
architectural works.
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. After all, copyright law doesn’t protect ideas, only the expression of the ideas.
- Should I register my copyright?
Copyright starts from the moment of creation. Thus, copyright registration is voluntary.
This means that copyright protection exists at the moment of creation and the work is fixed on as tangible medium, not when the author files for and/or obtains copyright registration from the government.
Registration is always recommended for many reasons, obtaining copyright registration creates a public record for the work, registered works may qualify for statutory minimum damages and claims of attorney’s fees if successful in litigation, and if you wish to bring a lawsuit for infringement of your U.S. work.
However, a recent Supreme Court decision has clarified circuit courts splits regarding whether by filing an application for registration with the Copyright Office satisfied this requirement.
In Fourth Estate Public Benefit Corp. v. Wall-street.com, LLC, No. 17-571, 586 U.S. ___ (March 4, 2019) the U.S. Supreme Court held that “claimant may commence an infringement suit” only after the Copyright Office grants registration, not while the application is pending. Specifically, the court held that “Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.” The Court also held that “Upon registration of the copyright, however, a copyright owner can recover for infringement that occurred both before and after registra-tion”.
- If I don’t have the © then is not protected?
Before 1978 that was true, however, after 1978 there is no formal requirement that your work must be marked with the © in order to claim copyright over the work. In fact, there no formalities at all.
- Is a Copyright Notice required?
Copyright Notice was required for all works first published before March 1, 1989.
Copyright notice is optional for works published on or after March 1, 1989, unpublished works, and foreign works.
A notice consists of three elements:
The copyright symbol © (or for phonorecords, the symbol ℗ ); the word “copyright”; or the abbreviation “copr.”;
The year of first publication of the work;
and The name of the copyright owner.
Example: © 2017 John Doe
- How long Copyright last?
The length of the copyright protection varies depending on the date of first publication or creation. According to the U.S. Copyright Office, all registered works created after January 1, 1978 are protected all throughout the author’s lifetime plus an additional 70 years.
If created as a work for hire for a company or any other legal entity, the work has copyright protection that lasts for 95 years from the date it was first published or a term of 120 years from the year it was created, whichever expires first.
- Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages.
- Is a “poor man’s copyright legal?
Poor man’s copyright is the practice of sending a copy of your work to yourself by the postal service to “date” the intellectual property. This to prove when the work was created in jurisdictions where no central copyright authority exists. In the U.S. “There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.”
- If my work is protected in the U.S. is protected in other countries?
“There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world.”
The US has copyright relations with most and as a result of these agreements, each country will honor each other’s citizens’ copyrights.
- Can I copyright Social Dance Steps or Simple Dance routines/moves?
The U.S. Copyright Office cannot register short dance routines consisting of only a few movements or steps with minor linear or spatial variations, even if a routine is novel or distinctive. Choreographic works do not include social dance steps and simple routines. “Social dances, simple routines, such as; Ballroom dances, Folk dances, Line dances, Square dances, and Swing dancesand other uncopyrightable movements cannot be registered as separate and distinct works of authorship, even if they contain a substantial amount of creative expression.
- Can I copyright skits and routines done by trained animals or robots?
Choreographic works and pantomimes must be intended for execution by humans. Dances, routines, or other organized forms of movement intended to be performed by animals, machines, or other animate or inanimate objects are not copyrightable as choreography or pantomime and cannot be registered with the U.S. Copyright Office.
Examples of works not protectable as choreography or pantomimes that fall into this category include
- Dressage routines
- Skits and routines for trained animals to perform
- Movement routines created for robots, machines, or other inanimate objects to perform
- Installation art or sculptures incorporating moving parts
- Should I copyright my logo?
Although trademark registration is more likely the best way to protect a logo you use to sell your products or provide your services. In the current digital world, where anyone with a click of a mouse could copy and paste your logo from your website, copyrighting a logo would greatly help a business which logo has been copied. Section 512 of the Digital Millennium Copyright Act (DMCA) provides a notice mechanism, commonly known as “take down notice” for “copyright” holders, not trademark or patent holders, to notify Online Service Providers of such “copyright” infringement. Said Online Service Provider will not be held liable, if, upon notification of the claimed infringement, “responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity”.
I have helped countless copyright owners protect their original works of authorship in the U.S. I’d like to help by advising you on how to better protect your original works of authorship, and other intellectual property rights in the U.S. and overseas.
Augusto Perera, Esq.
Intellectual Property, Business and Legal Affairs Attorney
Augusto Perera, P.A.
2525 Ponce de Leon Boulevard
Suite #300
Coral Gables, FL 33134
T:305-489-1901
T: 888-581-0816
F 305-721-1532
C: 786-200-8674 (Call, Text or WhatsApp)
E: ap@tmmiami.com
www.tmmiami.com