Copyright 101: What is a Copyright?

Cosynd
Cosynd
Aug 25, 2017 · 3 min read

Today, there are far more ways to create, share, and earn income from your content than ever before. From agreements to registrations and everything in between, figuring out how copyright fits into your content strategy can feel daunting. However, getting a better grasp of the basics isn’t as hard as you might think it is. We created this brief guide to help you master the basics, but when it comes to navigating the complexities, rules, and nuances of copyright, you can always:

Let’s dive in. First, what exactly is a copyright?

Copyright is a form of protection provided to the authors of published and unpublished “original works of authorship” such as literary, dramatic, musical, visual, artistic, and certain other intellectual works. Examples can include films, sound recordings, lyrics, choreography, photographs, illustrations, designs, and more.

What does copyright protect?

Copyright protects original works that are fixed in a tangible form of expression (a record, a video, a document etc.) or in a manner that can be expressed with a device such as with a computer, television, or tablet. Protected works can include:

  • Literary works (e.g. articles, poetry, novels).
  • Visual works (e.g. graphics, photographs, maps, technical drawings).
  • Audiovisual works (e.g. films, video games, television shows).
  • Works of the performing arts (e.g. scripts, choreography, lyrics).
  • Sound recordings.

Copyright does not protect ideas, facts, names, methods or systems.

Copyright exists the moment a work is created and copyright owners have certain exclusive rights.

These rights include the right to perform the actions below and to authorize others to:

  • Reproduce a work.
  • Create derivative works (e.g. a film adaptation of a book).
  • Distribute the work for sale, rental, lease or lending.
  • Perform/display the work publicly.

As a copyright owner, taking these steps can help to proactively protect your works:

  • Have written agreements in place with anyone that will contribute to, use, license, buy, or represent your works.
  • Provide a notice of copyright on your content (e.g. “Copyright 2017 © You.”)
  • Register your works with the U.S. Copyright Office.

If you are creating works with other collaborators, you may also want to consider these types of agreements:

  • Ownership Agreement — If you are creating a “joint work” (a work created by multiple authors with the intention that their contributions will be merged into a single work), be sure to document each collaborator’s role and ownership stake. At the very least, consider having a simple split sheet or other ownership agreement. Unless there is an agreement stating otherwise, the authors of a joint work could be considered as equal co-owners of the copyright.
  • Work for Hire Agreements — If you are hiring someone to help with the creation of your content, you may want to consider having a work for hire agreement in place. It clearly establishes your ownership of the content created and the details of the work/services to be done, including responsibilities, payment terms, credit, dispute resolution and more.

…but what about “poor man’s” copyright?

“Poor man’s copyright” is the act of mailing yourself a copy of your work to document when it was created. There is no provision in copyright law regarding “poor man’s copyright” and it is not a substitute for documenting ownership of your works with an agreement or registering your works with the U.S. Copyright Office.

Copyright owners that rely on “poor man’s” copyright are not granted the same protections and rights of owners that registered with the Copyright Office. The difference is critical, particularly when it comes to legal proceedings (when things go wrong, like they sometimes do).

Next, let’s look at registering your works with the U.S. Copyright Office and examine the major differences between registration vs “poor man’s” copyright.

cosynd

Simple. Affordable. Collaborative. Automate Legal Documents & Copyright Ownership. www.cosynd.com

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Cosynd

Written by

Cosynd

Simple. Affordable. Collaborative. Automate Legal Documents & Copyright Ownership. www.cosynd.com

cosynd

cosynd

Simple. Affordable. Collaborative. Automate Legal Documents & Copyright Ownership. www.cosynd.com

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