How to Get Intellectual Property Rights
Confirm you are eligible to register the copyright., Complete the registration application., Pay your registration fees., Provide deposit copies of your work., Monitor the use of your work.
Step-by-Step Guide
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Step 1: Confirm you are eligible to register the copyright.
To register a copyright, you must be the author (or creator) of the work, and it must meet statutory standards of originality.
Generally, you can register a copyright in any musical, artistic, or literary work that you created.
One exception is a work-for-hire.
If you were paid to create a work for someone else, usually in the scope of your employment, you typically can't claim the copyright in that work.Copyright provides you with the exclusive rights to reproduce, distribute, display, and perform your creative work, as well as create derivative works – other art based on your original, such as a remix of a song.Copyright doesn't protect ideas.
Before you can get intellectual property rights in your creation, you must fix it in such a way that other people would be able to view it or read it.For example, you might write the lyrics to your song in a notebook, or type a new short story using a word processing application and save it to your computer.
Copyright also doesn't protect single words or short phrases.If you have a name or motto you want to use in conjunction with a business venture, you might consider trademark rather than copyright to get intellectual property rights. -
Step 2: Complete the registration application.
Although your intellectual property rights exist from the moment you create your work in a way that allows it to be shared with others, registration provides certain important benefits including the ability to file an infringement suit in federal court.The U.S.
Copyright Office has a copy of the registration application available on its website.
You can fill it out directly online, or download it and print it to mail a paper application.Filling out your registration application online has a number of benefits, including lower registration fees and the ability to check the status of your application at any time.The application requires you to enter information regarding the author or creator of the work, the title of the work, the type of work, and the date the work was created or published., The total amount of registration fees varies depending on the type of work you want to register and how you file your application for registration.For example, if you register copyright in a single work online as the sole claimant to the intellectual property rights in that work, your fees will only be $35.
However, if you file the same application by sending a paper application through the mail, you must pay $85., A complete registration application must be accompanied by copies of the work for deposit in the U.S.
Copyright Office and for use by the Library of Congress.If you're filing your registration application online, you also may be able to file electronic copies of your work for deposit.
However, in some cases you still must send a physical copy of the work, even though you submitted an electronic copy.For some works such as films or videos, you also must submit a separate written description of the work along with your copy.
A press release or synopsis would meet this requirement., Even after you've registered your copyright, you remain responsible for preventing infringement and enforcing your exclusive rights against anyone who uses your work without your permission.Although you don't have to include a copyright notice on your work to maintain your copyright registration, doing so can act as a deterrent to those who might consider copying your work.Just as having a lawn sign advertising your alarm system may deter would-be thieves from attempting to break into your home, a copyright notice can cause plagiarists to think twice before copying your work without your consent. -
Step 3: Pay your registration fees.
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Step 4: Provide deposit copies of your work.
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Step 5: Monitor the use of your work.
Detailed Guide
To register a copyright, you must be the author (or creator) of the work, and it must meet statutory standards of originality.
Generally, you can register a copyright in any musical, artistic, or literary work that you created.
One exception is a work-for-hire.
If you were paid to create a work for someone else, usually in the scope of your employment, you typically can't claim the copyright in that work.Copyright provides you with the exclusive rights to reproduce, distribute, display, and perform your creative work, as well as create derivative works – other art based on your original, such as a remix of a song.Copyright doesn't protect ideas.
Before you can get intellectual property rights in your creation, you must fix it in such a way that other people would be able to view it or read it.For example, you might write the lyrics to your song in a notebook, or type a new short story using a word processing application and save it to your computer.
Copyright also doesn't protect single words or short phrases.If you have a name or motto you want to use in conjunction with a business venture, you might consider trademark rather than copyright to get intellectual property rights.
Although your intellectual property rights exist from the moment you create your work in a way that allows it to be shared with others, registration provides certain important benefits including the ability to file an infringement suit in federal court.The U.S.
Copyright Office has a copy of the registration application available on its website.
You can fill it out directly online, or download it and print it to mail a paper application.Filling out your registration application online has a number of benefits, including lower registration fees and the ability to check the status of your application at any time.The application requires you to enter information regarding the author or creator of the work, the title of the work, the type of work, and the date the work was created or published., The total amount of registration fees varies depending on the type of work you want to register and how you file your application for registration.For example, if you register copyright in a single work online as the sole claimant to the intellectual property rights in that work, your fees will only be $35.
However, if you file the same application by sending a paper application through the mail, you must pay $85., A complete registration application must be accompanied by copies of the work for deposit in the U.S.
Copyright Office and for use by the Library of Congress.If you're filing your registration application online, you also may be able to file electronic copies of your work for deposit.
However, in some cases you still must send a physical copy of the work, even though you submitted an electronic copy.For some works such as films or videos, you also must submit a separate written description of the work along with your copy.
A press release or synopsis would meet this requirement., Even after you've registered your copyright, you remain responsible for preventing infringement and enforcing your exclusive rights against anyone who uses your work without your permission.Although you don't have to include a copyright notice on your work to maintain your copyright registration, doing so can act as a deterrent to those who might consider copying your work.Just as having a lawn sign advertising your alarm system may deter would-be thieves from attempting to break into your home, a copyright notice can cause plagiarists to think twice before copying your work without your consent.
About the Author
Kenneth Richardson
Kenneth Richardson is an experienced writer with over 13 years of expertise in telecommunications. Passionate about sharing practical knowledge, Kenneth creates easy-to-follow guides that help readers achieve their goals.
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