Copyrights FAQ
What copyright services are available?
HERRANENLAW assists clients with the protection of original literary, musical and performing works. These services include:
Do I need a copyright registration?
If you have an original creative work such as a book, menu, website, movie, show, computer program, art work, photograph or the like, then you may wish to register your work with the U.S. Copyright Office. It is not required. You have a copyright by virtue of having created the work. However, if you wish to bring a lawsuit for infringement, you will need to register.
Because the work must be registered before you file a lawsuit, it is best to register the work immediately. It can take 1 to 6 months for a copyright to register if the application is submitted online, with the average processing time being 3 months. For applications submitted by mail, it can take 1 to 16 months, with the average processing time being 6 months.
I need a copyright much quicker, is that possible?
Expediting copyright registration is possible with the payment of a fee of $800 on top of the usual application fee. Expedited application can take 1-2 weeks to register.
What is the benefit of registration?
Registration of a copyright provides the following benefits:
What is a copyright notice?
A copyright notice is a statement placed on copies or phonorecords of a work to inform the public that a copyright owner is claiming ownership of the work. A copyright notice consists of three elements:
A notice should be affixed to copies or phonorecords of a work in a way that gives reasonable notice of the claim of copyright.
Do I need to use the circle C symbol ©?
Using a copyright notice is optional for unpublished works, non-U.S. works, and works published on or after March 1, 1989. However, notice conveys the following benefits:
How long does a copyright last?
In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. If the work is a joint work with multiple authors, the term lasts for seventy years after the last surviving author’s death. For works made for hire and anonymous or pseudonymous works, the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.
I have many works, can I register all in one application, or what is the most economical way to register a group of works?
The answer depends on the type of work you are registering. If you are registering a copyright on photographs, you may register up to 750 photos with one application and one filing fee. For most other works, registering a group of unpublished works is the most economical way to register most copyrights. As of this writing, the filing fee charged by the Copyright Office is $85 for a group of up to 10 unpublished works. By contrast, the fee for an application for a single published work by one author is $45.
What are the criteria for registering a group of works?
The eligibility criteria for this group application are:
What is the difference between a copyright, trademark and patent?
A copyright protects the expression of an idea, such as books, music and paintings. Trademarks protect the name, symbol, design or other identifier used to indicate the source of a product or service. Patents protect an idea, process, machine, design, and composition of a product.
Is there an international copyright?
There is no such thing as an “international copyright” that automatically protects an author’s works throughout the entire world. Protection against unauthorized use in a particular country depends on the national laws of that country. Most countries offer protection to non-U.S. works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. Generally, a U.S. work may be protected in another country if that country has entered into an international agreement with the United States.
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