1. Proof of Ownership
Once a copyright is registered an interesting thing happens! The copyright proves, to the exclusion to the rest of the world, that you own a specific work. Once your registration is processed, you are forwarded a certificate which lists you as the copyright owner and potential claimant, if there are infringement issues.
2. Proof of Protection
Since copyrights are automatic, how can you prove you are protected by copyright laws. Registration is the way. A copyright registration creates a public record that establishes your protection and the date your protection started. It also offers a clue as to when your protection ends. This proof is necessary when you are trying to prove infringements or that you are attempting to create derivative works.
3. Right to Exclude
Copyrights provide proof of more than simple ownership. They also allow you to prevent others from using your works without your permission. While there are some exceptions, such as fair use, in most cases, any individual must seek your approval before incorporating your creations with their creations.
4. Ownership Extends to Deriative Works
While a copyright can be used to exclude other creators from usurping your work, it can also give you the ability to exclusively expand upon your work. For example, if you write a novel and want to then write a screenplay, you can. If someone is interested in writing a screenplay based on your work, they need to get your permission, because your ownership extends to creations that can be conceivably linked to your original work.
5. Protection Beyond Borders
When a artist, musician or writer, registers an original work with the United States Copyright Office, its intuitive that the protection is affective in the 50 states and American territories and possessions; however, because of treaties and agreements with other countries, such as the Berne Convention, a registered copyright can provide protections on foreign soils. In the absence of an international copyright, which does not exist, registering protects your original works from overseas infringers. A list of participating countries can be found on the United States Copyright website at http://www.copyright.gov/circs/circ38a.pdf .
6. No Registration, No Infringement
The first step in any infringement action is to file a petition or complaint in the proper court; however, you cannot sue in any case unless you can prove that your work was registered and registered within a specific time frame. Going beyond being proof of ownership, it's the only vehicle in which you can make a claim for infringement.
7. Infringement Defense
Registering a copyright can help with the defense of infringement suits. Copyright certifications prove ownership, protection, and exclusive use and can serve as evidence in court proceedings, arbitrations and mediations. With the valid certifications, the party who prevails in an infringement suit can obtain damages and be reimbursed attorneys' fees.
8. Stronger than a Poor Man's Copyright
Registering your copyright with the United States Copyright Office costs a fee. There are methods of copyright protection that are cheaper- such as online registration services or the poor man's copyright. But, caveat emptor. Enter these arrangements at your own risk. A poor man's copyright is not acceptable as proof in a United States Court of ownership. And, online services can go out of business or crash. In these cases, you do not receive recognizable international protection or a certification public record that supports you in an infringement suit.
9. Exclusive Use and Distribution
Your copyright registration serves as notice to the world of your ownership, but it also insures that you are the only legal using and distributor of your creative works. In the absence of confirmable permission, the world knows that you and you alone can copy, reproduce, commercially distribute, publish, perform, print, or record your original work and any related sequel, revision, or derivative work.
10. Exclusive right to option or sell
Ownership has its privileges. When you register a copyright, you can place monetary significance on your work. If someone is interested in making money off your original creation, you can allow them limited use for a price. You can have concurrent use for a price. You can even allow them to have exclusive use for a time period and a price. Partitioning or assigning your rights is something that no one else, but the original creator of a work can do.
11. The Library of Congress
When you register your copyright, you do more than complete an application and receive a certificate. A copy of your work is stored at the Library of Congress. It can be stored as a hardcopy or an electronic copy. In the event you have computer malfunctions or house fires or simply lose items, there is a protected copy of your work available for reproduction if necessary (and for a fee.)
Registering a copyright is a smart and useful thing for any writer, musician, and/or artist to do. The copyright registration provides proof of ownership and exclusives use among other things. Registering copyrights saves time, money, frustration and confusion in the long run.
For more information about copyright protection, you can check out useful books, such as Elias and Stim's Patent, Copyright and Trademark: An Intellectual Property Desk Reference, at your local library or bookstore. For additional information, check out the following websites:
http://www.copyright.gov/
http://www.copyright.gov/title17/92chap12.html
Published by Ramona Taylor
Ramona Taylor earned her undergraduate degree from Duke University and her Juris Doctor from the University of Richmond T.C. Williams School of Law. She has placed in a number of national writing compe... View profile
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