I am often asked “Do I need a copyright for my invention?”
Copyright protection may be available for original works of authorship that are fixed in a tangible medium of expression. Protection is not available for facts, ideas, systems, and methods, although protection may be available for the expression of those facts or ideas.
Some Advantages of a Federal Copyright Registration include . . .
1. Establishes a public record of your copyright claim.
2. Copyright registration is required before you can file a court action for infringement.
3. A copyright registration is prima facie evidence of validity of your copyright if the registration is made within 5 years of the first publication.
4. A timely filed application for copyright registration allows the owner to seek statutory damages and attorney’s fees in an infringement action without having to prove actual damages and profits.
5. A copyright registration allows the owner to file with U.S. Customs to prevent others from importing infringing foreign goods.
Some Common Pitfalls you should avoid . . .
1. Failing to have a written agreement requiring an independent contractor to assign all rights in the copyright to you.
2. Not including a copyright notice on your works.
3. Forgetting to register your copyright with the Library of Congress.
Hire an attorney to help you identify copyrightable materials and register your works with the Library of Congress. Visit www.trennerlaw.com for more information about costs to register a copyright.