What is Copyright?

by Lizbeth Hasse

Basic IP Terminology—What is Copyright?

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Many people, especially those in the initial stages of their business or project, are unsure of how to describe and understand the intellectual property (IP) rights that are created in the course of running their business.

IP rights of some kind arise in virtually every type of business venture, and being able to wrap your head around those rights is a good first step toward protecting and monetizing them.  So, what do you call the rights that you own?

What is Copyright?

Copyright is what most people think of when they are making products and designs in the course of their creative businesses.  Essentially, you can think of copyright as something that protects creative works.  Note that “creative” is a broadly-defined term here, and virtually anything with a small amount of creativity can fall within the scope of copyright protection, including art, music, writing (no matter how short), films and videos, photographs, audio recordings, computer code, sculptures, and even dance choreography.

What is important for copyright purposes is that the work is “original” (that is, not pre-existing), and that it is “creative” (in the broadest sense of the word—even a small amount of creativity will do) and “fixed” in what is referred to as a “tangible medium of expression.”  The fixation requirement refers to the act of making something permanent enough that it can be seen and reproduced by a person, either directly or with the aid of some machine (like a computer, in the case of computer code).

Many people believe that they have to register a copyright in order to own a copyright in a particular work in the U.S., but that is not the case.  Your copyright attaches from the moment of fixation (as defined above).  While there are definite benefits to registration of your copyright with the U.S. Copyright Office, that registration is not required for you to have rights in the work.

Note that you do have to register your work for a federal copyright registration with the U.S. Copyright Office prior to filing a lawsuit against someone else who may be copying or otherwise using your work in an unauthorized way.  Also, if you have registered your work for copyright prior to the date that the unauthorized copying began, you are entitled to receive certain specific benefits if you do file a lawsuit.  Thus, registration is always recommended, especially for creative works that you may feel have a high value to your business or are likely to be targets for unauthorized use or exploitation.

For more information on copyright generally, and how to register your copyright with the U.S. Copyright Office, visit their website at www.copyright.gov.  You should consult with an attorney if you have questions about how to register or enforce your copyright against others.

[Image credit: “Encuentro Fortuito” by Jose Bautista]

Attorney 1 - What is Copyright?

Lizbeth Hasse

Lizbeth Hasse is the founder of Creative Industry Law. Her practice encompasses intellectual property, media, entertainment and business counseling for corporate and individual clients. She is also a neutral expert in these areas, negotiating and resolving IP, business and media matters.
Attorney 1 - What is Copyright?

About Lizbeth Hasse

Lizbeth Hasse is the founder of Creative Industry Law. Her practice encompasses intellectual property, media, entertainment and business counseling for corporate and individual clients. She is also a neutral expert in these areas, negotiating and resolving IP, business and media matters.