Copyright Questions

Below are some frequently asked questions regarding copyrights.

What can be registered for copyright?

Original works of authorship — including literary, dramatic, musical, and artistic works (such as poetry, novels, movies, songs, computer software, and architecture) but excluding facts, ideas, methods of operation, and systems — can be registered for copyright.

What protection does a copyright provide?

Copyright provides, for a limited time, the legal right to exclude others from copying, selling, performing, displaying, or making a derivative version of an original work of authorship.

If we hire someone to create literature or a design for our company, can our company copyright the work product?

If the person is an employee, the company can copyright the work. If the person is an independent contractor, a “work-for-hire” agreement is needed for the company to own the work. 

To be valid, a work-for-hire agreement must be signed before creation of the work. If that does not happen, the work must be “assigned” to the company, by a valid assignment document, in order for the company to own the work. 

If you need a work-for-hire agreement or a copyright assignment document, one of our copyright attorneys can draft one tailored to your specific situation.

Can we copyright something that has not yet been published?

Publication is not necessary for copyright protection.

Can I copyright my website?

If the website is an original work — including writings, artwork, photographs, and other forms of authorship — it can be protected by copyright. If it is not an original work of authorship, you cannot copyright it; and in fact, it may be infringing someone else’s rights.

If I do not have a copyright registration, do I still have copyright?

The person or entity that creates the original work of authorship owns the copyright. However, if the copyright is not registered, that person cannot sue to stop anyone from copying the work. (For more information on copyright registration, please click here.)

How can I stop someone from using my copyrighted material?

You can stop someone from using your copyrighted materials by filing a lawsuit. In certain cases you may be able to seek a temporary restraining order or preliminary injunction wherein the court orders the infringer to cease use while the trial is pending.

Sometimes, the threat of a lawsuit is enough; a letter demanding that the person who has copied the work immediately stop may be sufficient. If someone has copied your work, you should consult a copyright attorney before taking any action, as the wrong move can prejudice your rights.

What constitutes “fair use” of copyrighted material?

Fair Use is the right to use copyrighted material without authorization from the author for limited purposes — including, but not limited to, portions of a work borrowed for satire or parody or for educational purposes. Read more about copyright fair use.

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