Protecting your New Business

Innovations and new product ideas are valuable assets to a new business. These assets need to be protected so that your rights are not infringed upon by others. These innovations or new ideas can be protected under

U.S. Trademark and Patent Site and U.S. Copyright Site

or there are online firms such as www.legalzoom.com, www.gocopyrights.com, or www.copyrights.com, that offer to perform these services for you.

Product Basics

Learn to identify your product's unique features and benefits for your advertising campaign.

What is a copyright?

The owner of a registered copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. Depending on how old a work is, whether or not copyright was renewed, when the work was published (if at all), and whether or not it is a work for hire, the U.S. copyright term for a work may be 28 years, 56 years, the life of the author plus 50 years, 75 years from the publication date, or 100 years from the date of creation. The reader will appreciate that these terms are much longer than the 17-year or 20-year term of a U.S. utility patent.

When must I file a copyright application?

A copyright application can be filed many years after the initial publication of a work and still be eligible for a copyright registration. This does not, however, mean that you should put off filing your copyright registration. Stated differently, even though there is no particular time limit for filing a copyright registration application, this should not lull the author into a false sense that copyright registration is unnecessary or that it need not be done promptly. The registration of a U.S. copyright offers many benefits to the owner of the copyright. To give one example, the owner of the dBase programming language came very close to losing all copyright rights in the language due to failure to disclose that portions of the work were based on older works.

Can I register a copyright myself?

Many types of copyright registrations are easy and straightforward to do, in which case a layperson can obtain copyright registration for little more than $20 and a bit of one's time. In the area of computer software, however, it is often helpful to retain experienced counsel to prepare the copyright application. The reason for this is that for any copyright registration application, there is the requirement that the applicant deposit a copy of the work with the Copyright Office; the deposit becomes available to the public. In the particular case of software it is possible to deposit less than all of the work, which helps to protect trade secrets. (The Copyright Office has a helpful circular on this subject, in PDF format.) Experience is helpful in determining what, exactly, needs to be deposited with the Copyright Office. Advice of experienced counsel is also helpful in determining whether the application is complete, e.g., whether it needs to disclose previous works upon which the present work is based. Failure to disclose prior works runs the risk that copyright protection will be lost later. Another trap for the unwary is characterizing a work incorrectly as a work-for-hire when it is not; this, too, runs the risk of later loss of copyright rights.

What does it cost to register a copyright?

At the time of writing (1998), the filing fee for registering a copyright with the U.S. Copyright Office is $20 (U.S. Copyright Office brochure on Fees in PDF file.) The Copyright Office will do a registration on an expedited basis as well; for example, if litigation is imminent. An extra fee must be paid and the application has to be submitted to a different address for expedited registration. The factors described above explain why the lawyer's fees in a software copyright registration application are likely to be at least $200-$300, exclusive of copying and courier charges.

What does copyright protect?

Copyright, a form of intellectual property law, protects original works of authorship, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, section What Works Are Protected.

How do I reach the Copyright Office and where do I get application forms?

Some public libraries may carry our forms but we do not maintain a list of those libraries. Forms may also be downloaded from their website.

Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, section Copyright Registration and Circular 38b (PDF file) on non-U.S. works.

How do I register my copyright, how long does it take, and what does it cost?

To register a work, you need to submit a completed application form, a nonrefundable filing fee of $30, and a nonreturnable copy or copies of the work to be registered. See Circular 1, section Registration Procedures. The time the Copyright Office requires to process an application varies, depending on the amount of material the office is receiving. You may generally expect a certificate of registration within approximately 8 months of submission . The current filing fee is $30 per application. Generally, each work requires a separate application. See Circular 4.