Copyrights

Copyrights will only protect the expression of ideas. It will not protect the functional design of a product, only the aesthetic features which have no bearing on functionality. The classes of works which are eligible for copyright include literary works, visual arts, sound recordings, performing arts, motion pictures, and other audiovisual works. To be eligible for copyright, a work must evidence a certain degree of creativity and originality. Further, the work must be expressed in a manner which can be interpreted by human senses or with the help of a machine. In other words, it cannot be an idea you have in your head but have not expressed in any physical medium. Examples of common works which are not eligible for copyright are: blank forms, titles, names, short phrases, works that have not been written down or recorded in a tangible medium.

Generally, the author of a work is the individual who created it. In other words, the person who had the idea and first expressed it in a tangible medium is the owner. However, this clear-cut rule gets a little muddled in the context of the employer/employee relationship. When an employee has created a work for an employer, it is generally the employer who is considered the author. And when it is not an employee, but an independent contractor, things get even less clear. Making sure of the authorship of a work is essential to proper copyright protection. When you order the copyright registration plan, it comes with a half-hour consultation with an attorney that will allow you to get this and other issues in order.

Generally, the U.S. Copyright Office requires that all applications be accompanied by two copies of the work which is to be registered. These deposits will not be returned. In some cases, an electronic copy of the work may be included with the application, but often hard copies are required. Also, some works such as motion pictures or computer programs have special requirements for the deposit. The fixed-fee copyright application package includes a half-hour consultation with an attorney. During this consultation, your attorney will instruct you as to any special requirements for the deposit.