The Fool-Proof Way to Protect Your Business’ Ideas

As a small business, your ideas and original content is essential to your success. Obtaining copyright protection for your intellectual property is one solid way to make sure others don’t steal your ideas and hurt your business. We want to help your small business be successful, so we’ve answered four common questions about copyrights so you can better protect your creativity.

As a small business, your ideas and original content is essential to your success. Obtaining copyright protection for your intellectual property is one solid way to make sure others don’t steal your ideas and hurt your business. We want to help your small business be successful, so we’ve answered four common questions about copyrights so you can better protect your creativity.

What is intellectual property?

Intellectual property is something that was created by imagination and creativity. Literature, voice recordings, video production, artistic logos, recipes, and art are only a few examples of intellectual property.

Opportunity Fund has loaned to many small businesses that create intellectual property. We have helped fund fashion designers, video producers, digital artists, photographers, and many more creative companies. Even if your small business doesn’t directly create, you may own intellectual property rights to your logos, designs, and photographs that you have paid contractors to make for you.

Protecting intellectual property from unauthorized reproduction is important for staying successful. Unfortunately some large companies steal designs and art from smaller businesses and individuals who don’t have legal protection.

Fighting to protect stolen ideas can be expensive and take a long time. That’s where a copyright is useful. Having a copyright gives you and your descendants strong legal protection against anyone stealing your intellectual property.

Do my ideas qualify for copyright protection?

Knowing what does or does not qualify for copyright protection can be confusing. Here are a few easy-to-read guidelines for you to know if you can get a copyright for your intellectual property:

• Literary works including books, original recipes, computer programs, and poetry.
• Musical works including scores and lyrics as long as you submit an actual recording of the performance.
• Dramatic works including recorded choreography and accompanying music.
• Artistic works including sculptures, architecture plans, maps, digital graphics, logos, and photographs.
• Video works including motion pictures and other audiovisual recordings.

What is important to understand about what qualifies is that you must be able to provide a physical copy of the unique idea. You cannot copyright unrecorded performances, common phrases or symbols, or inventions and devices. For inventions and devices, you should get a patent instead.

For more detailed information about what can be copyrighted,click here.

How can I apply for a copyright?

Applying for a copyright is easier than it seems.

1. Decide what specific thing you want to apply the copyright to. Determine if the type of work qualifies — if it doesn’t fit into the categories mentioned above, you may want a patent or trademark instead.
2. Complete the application form either online or by mailing a paper form. We recommend applying online because it is faster and more affordable.
3. Include the correct fee. The next section breaks down the fees, but if you mail in a physical application make sure you include a money order or a check. The Copyright Office will not accept credit cards or cash for physical applications.
4. Mail copies of the work being copyrighted with the application (unless you applied online) and the fee to the appropriate mailing address. Click here for a list of mailing addresses.
5. The Copyright Office will receive your package, process your application, and mail you a certificate of copyright within four months if everything was done correctly.

How much will getting a copyright cost?

Applying for a copyright is affordable, but any appeals, record searching, record copying, or expedited service will cost you hundreds of dollars. Some services, such as record searching, you can do yourself for free.

The online application fee is the most affordable option. If you are applying for one piece, created by you, the fee is only $35. Otherwise, the fee is $55. The application fee for mailing in a physical form is $85.

For more detailed explanation of fees and services, click here.

For more information about the copyright process, visit the U.S. Copyright Office’s website.

This article originally appeared on the Opportunity Fund Small Business blogat opportunityfundloan.org.

For information about Opportunity Fund’s small business loans, please contact us at 866–299–8173 or loans@opportunityfund.org. For questions about your existing loan or other customer service questions, please contact us at 866–299–8173 or sbhelp@opportunityfund.org.

Opportunity Fund is California’s largest and fastest-growing nonprofit lender to small businesses. In FY16, we made $60M in loans to help more than 2,200 small business owners invest in their businesses. Opportunity Fund invests in small business owners who do not have access to traditional financing. As a founding member and signatory to the Borrower’s Bill of Rights, we believe in the important role small businesses play in our community and the economy, and we aim to help owners financially succeed.

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