With a long history of providing protection in created works in our country, more recent times have shown that litigation against Copyright infringement is on the rise. For Creatives, filing for a Copyright may seem like a nonessential expense, but the following are reasons we strongly recommend setting up your creative work with the best defense possible.
WHAT DOES COPYRIGHT PROTECT?
Copyright is unique from Patents, or Trademarks, because copyright exists the moment the creator gives tangible or digital form to their creative work. A few examples of created work include photos, music, art, books, computer code, and drawings. In other words, Copyright does not apply to mere ideas. Copyright provides rights in the work belonging to the owner, and the right to pursue a defense against usage by others from copying, or substantially copying, the work without permission.
WHY DO I NEED A COPYRIGHT REGISTRATION?
Copyright owners may wonder why obtaining a Copyright registration is valuable, if the work is protected automatically upon creation. There are a number of reasons that registration is strongly encouraged; the primary reason being to enable enforcement against infringement of your work. The Copyright registration allows the owner to file a lawsuit against infringers. Other reasons to own Copyright registration include the ability to request statutory damages in a lawsuit, and to show prima facie evidence that you are the owner of the Copyright.
WHAT IS THE DIFFERENCE BETWEEN COPYRIGHT AND TRADEMARK?
The key difference between a Copyright and Trademark is that a Copyright protects the creative work, whereas the Trademark protects the name, brand, or logo of the creative work. At times, it may be advisable to file for both Copyright and Trademark registrations. We recommend seeking legal counsel to advice you on how best to protect your creation.
Please reach out to Behrends Legal to find out more about Copyright registration and how we can help you protect your work! 970-578-9455.