Have you ever stopped to notice how prevalent intellectual property has become in our daily lives? Most brand names of products or services seem to carry the designations “©,” “©,” or ” “; many inventions display the “patent” or “patent pending” notices; and with barely any effort you can find some form of the copyright designation “©,” “Copyright,” or “Copr.”
When you turn on your computer in the morning or admire a print hanging in the lobby of your office, you might see “Copyright © 1999 Widget, Inc. All rights reserved.” or something to that effect. But what exactly does a “copyright” protect? What rights does the copyright owner acquire by registering his work?
A copyright is legal protection given to “original works of authorship.” Most people assume that a copyright protects only visual artwork or written materials. But it encompasses so much more, such as musical works, computer software, computer programs (with certain limitations), videos, photographs, and manuscripts, just to name a few items. Further, within the past 10 years architectural designs have been afforded copyright protection. You’ll even see the copyright symbol in the daily comics.
What copyright protection means is the author of the work and his heirs have the exclusive right to reproduce and distribute the work for the life of the author plus 50 years. An original work may be registered by an individual on his own behalf, or as a “work made for hire” which is created by an employee in the scope of his employment.
The most obvious place to find materials protected by copyright is with literary publishers and computer companies. But the benefits of copyright registration are not restricted to big business. Small companies often choose to copyright training manuals, employee handbooks, instructional and demonstration videos, commercials, photographs and artwork used in brochures, and unique pictures for packaging on products. Businesses tend to view copyright as an affordable and valuable tool.
Once a work is registered with the U.S. Copyright Office, it is a matter of public record. If the copyright is infringed, the courts will not only order the infringer to cease but will award the copyright owner statutory monetary damages plus attorneys’ fees. Without a U.S. registration, the author of the work would not normally be entitled to attorney’s fees. Finally, the registration itself is considered prima facie evidence of the owner’s exclusive right to the work if the copyright is registered within 5 years of publication.
We would be happy to answer any questions you might have concerning the benefits of copyright protection.