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New writers of stories, songs, and plays, as well as freelance photographers, and other artists who wish to publish their work often worry that someone will steal it while it makes the rounds among agents, editors, and publishers. Can a friend whom you ask to proofread your novel decide to copy it and put their name on it? This is a battle of rights; who owns the execution of ideas put down on paper? It is important, because the rights belong to the author or artist who creates the work and the best way to protect your interests and the ability to use and distribute copies is to register your copyright.
Copyright is an arm of intellectual property, along with patents and trademarks, that offer protection under the Constitution and federal statutes for unique and valuable property. Copyrights protect original creative works. They do not protect ideas or facts, although they do protect the way they are expressed, such as in lyrics and the melody of a song. This was expanded when the courts decided copyrights can be infringed upon if a new song emits the same general ‘feel’ of an older one.
For example, Robin Thicke and Pharrell Williams were ordered to pay $5 million because their song, “Blurred Lines” was judged to infringe on Marvin Gaye’s “Got to Give It Up.” It was not because of the lyrics, though. The court ruled it created a “vibe” that imitated Mr. Gaye’s work. Katy Perry was also sued for infringement by another musician who accused her of copying the beat of his song in her number, “Dark Horse.” Although he won at trial, it was overturned on appeal.
Patents protect unique inventions or discoveries, such as a new plant species, and trademarks are symbols, phrases, or design marks that identify one brand from another.
The confusion many people have over protecting their work is that the U.S. Copyright Office reports that manuscripts, both published and unpublished, are protected once an author creates them and they are in readable form. This means every draft of a story is protected as it is written. However, failing to register a copyright is a big mistake for many reasons.
The biggest reason to register a copyright is it enables authors to sue for infringement of their work. Registering a copyright within five years of getting the underlying work published is permitted as prima facie evidence in federal court. This means that the judge will accept the registered information as fact in an infringement case unless the infringing party proves otherwise. If the litigation is successful, the victorious party could collect statutory damages and attorney’s fees.
Registering copyrights provides peace of mind because it lets the world know you are the author or artist who created the work, the information describing it is public record, and it is far less likely that someone else will try to pirate it without consequence. You will have a certificate of registration to produce when necessary. The U.S. maintains reciprocity with many other nations, recognizing their copyrighted material as they recognize ours. Thus, registration protects you around the world.
Knowing that an artistic arrangement of words you create will live on is part of your legacy. You should also be able to profit from what nobody else can do once you protect your work by registering a copyright. You can collect royalties from book sales or sell the rights to your song to a famous pop star.
If you are unsure when to register your manuscript, contact us. Our local intellectual property lawyers provide proper guidance after reviewing the material and help you with the declarations critical to registering a mark, whether your work is currently agented, or you have not yet been published. Once you receive it, that certificate of registration is a tangible form attesting to your creative expression.
