When you see a movie or hear a song, you are actually seeing the end products of written works of art. Many understand that copyright protects things like books, but few realize that copyright protects things such as sculptures, paintings, movie scripts and musical compositions as well. Copyright affords writers, musicians, and other creative folks the ability to shield works from infringement or unauthorized use. There are a number of ways to protect via copyright and some ways are better than others.
By Operation of Creation
Currently, under copyright law, an written artist work is automatically protected by copyright once it’s created. Creation simple means that the work is in a fixed form. When music is composed and written on sheets or recorded on tape. It’s in a fixed form. When a story is typed or handwritten on paper, it’s in a fixed form.
Automatic copyright does not require any more money than it takes to write, copy or print your work. While his protection is the same as any other form of copyright, it’s one of the weakest levels of proof in the event of an infringement suit.
Poor Man’s Copyright
Copyright is about protection and with varying methods, there are varying levels of protection. While copyright is automatic, it does not provide sufficient protection in the event that someone challenges your claim of authorship. A more effective method than allowing copyright protection to rest on the simple creation of a work, some authors and creators rely on obtaining the “poor man’s copyright.
Under this method of copyright protection, a writer, musician or written art work creator, simply mails a copy of his or her work to his or herself. Once the envelope is received, the creator simply does not open it and keeps it in a safe place. The date stamp on the package is used to confirm and correlate with the dates of art work creation. This serves as a corroborated level of proof of authenticity and exclusive right.
This method does not create a public record and is not considered sufficient proof in a court of law of any superior right of ownership. However, it does stand as a record of when the work was created and that the work was somehow in the dominion and control of the proposed author.
Publication
There isn’t a book, magazine or online article that does not have a copyright symbol somewhere in its pages. Many people often recognize that publishing a work offers proof to the world that you are the author of a very particular work. Publication serves as a mode of distribution, but also a record of your ownership. It is a great way of obtaining some form of copyright protection for your work, beyond its simple existence.
When people consider copyrighting their work, registration often is the optimum option. Not everyone creates publishable works, such as books and articles, and even those need protection beyond pages of a journal or office of a publisher. Registering your work with the United States Copyright, or other foreign Copyright Office, is a way of creating one of the highest levels of protection for your creative and original work of art.
Registration is basically easy and the United States Copyright offers several options. Any writer or artist can go to http://www.copyright.gov/. Once there, you can select to register through an entirely electronic progress, download forms from online and/or download forms and mail all items into the Copyright Office. With either option, you will still need to complete a copyright registration application. That application should identify your work, the date created, and appropriate contact information. When sending in your fee, $35.00 (electronic process), $ 50 (CO process) or $ 65.00 (paper process), you should include copies of your work. For the electronic process, you can upload your files to the Copyright Office for storage w/ the Library of Congress. Once your application is received and processed, you will receive certification of your registration.
This method creates a clear public record which serves as substantial proof in court of your ownership and creation of a work of art. It is the prima facie evidence needed to initiate and support an infringement claim or suit.
Copyrights are designed to protect creators of original works of art. While copyright protection becomes automatic when your work takes on a fixed form, you can bolster the protection through various ways, which include inexpensive methods, which include publication and registration. With these various protections at your fingertips, writers, musicians and artisans can rest easier about their creative works!
