Inspired Expressions
A Division Of Walton Enterprises, Inc.
Copyright FAQ
Copyright in General
What is copyright?
What does copyright protect?
How is a copyright different from a patent or a trademark?
When is my work protected?
Do I have to register with your office to be protected?
What Does Copyright Protect?
What does copyright protect?
Can I copyright my website?
Can I copyright my domain name?
How do I protect my recipe?
Can I copyright the name of my band?
How do I copyright a name, title, slogan or logo?
How do I protect my idea?
Does my work have to be published to be protected?
Can I register a diary I found in my grandmother’s attic?
Does copyright protect architecture?
Can I get a star named after me and claim copyright to it?
Who Can Register?
Can foreigners register their works in the United States?
Can a minor claim copyright?
How Long Does Copyright Protection Last?
How long does a copyright last?
Do I have to renew my copyright?
Types of Work
Literary Work
Work of the Visual Arts
Work of the Performing Arts
Sound Recording
Motion Picture/Audiovisual Work
Single Serial Issue (Published)
Works That Include More Than One Type of Authorship
What Can Be Included on a Single Application
What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.
Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright.
Can I copyright my domain name?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.
How do I protect my recipe?
A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records.
Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information.
How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.
Does my work have to be published to be protected?
Publication is not necessary for copyright protection.
Can I register a diary I found in my grandmother’s attic?
You can register copyright in the diary only if you own the rights to the work, for example, by will or by inheritance. Copyright is the right of the author of the work or the author’s heirs or assignee’s, not of the one who only owns or possesses the physical work itself.
Does copyright protect architecture?
Yes. Architectural works became subject to copyright protection on December 1, 1990. The copyright law defines “architectural work” as “the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings.” Copyright protection extends to any architectural work created on or after December 1, 1990. Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection.
Can I get a star named after me and claim copyright to it?
No. There is a lot of misunderstanding about this. Names are not protected by copyright. Publishers of publications such as a star registry may register a claim to copyright in the text of the volume [or book] containing the names the registry has assigned to stars, and perhaps the compilation of data; but such a registration would not extend protection to any of the individual star names appearing therein. Copyright registration of such a volume of star names does not confer any official or governmental status on any of the star names included in the volume.
Can foreigners register their works in the United States?
Any work that is protected by U.S. copyright law can be registered. This includes many works of foreign origin. All works that are unpublished, regardless of the nationality of the author, are protected in the United States. Works that are first published in the United States or in a country with which we have a copyright treaty or that are created by a citizen or domiciliary of a country with which we have a copyright treaty are also protected and may therefore be registered with the U.S. Copyright Office.
Can a minor claim copyright?
Minors may claim copyright, and the Copyright Office issues registrations to minors, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.
How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors.
Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages.
Literary Work
Select Literary if you are registering a nondramatic literary work, excluding a periodical or serial issue. Literary Works include a wide variety of works: fiction, nonfiction, poetry, textbooks, reference works, directories, catalogs, advertising copy, compilations of information, computer programs and databases. Note: This category also includes an article published in a serial, but not an entire serial issue. Electronic registration is not currently available for serial issues.
Work of the Visual Arts
Select Visual Arts if you are registering a pictorial, graphic, or sculptural work. Visual Arts works include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, technical drawings, and architectural works.
Work of the Performing Arts
Select Performing Arts if you are registering a musical work (with or without lyrics), a dramatic work, such as a screenplay, play or other script, a pantomime, or a choreographic work. Note: If the registration includes the sound recording as well, select Sound Recording as the type of work.
Sound Recording
Select Sound Recording if you are registering a sound recording. Also, select Sound Recording if you are registering both the sound recording and the underlying recorded musical, dramatic, or literary work(s), along with the sound recording of the work(s). Note: To register both the sound recording and the underlying work on a single application, the copyright claimant must own all rights in both works.
With one exception, sound recordings are works that result from the fixation of a series of musical, spoken, or other sounds. Exception: Under the copyright law, the sounds that accompany an audiovisual work, for example, a motion picture, are not defined as a sound recording. Select Motion Picture/Audiovisual as the “Type of Work” for sounds accompanying an audiovisual work.
Motion Picture/Audiovisual Work
Select Motion Picture/Audiovisual if you are registering a feature film, documentary film, animated film, television show, video, videogame, or other audiovisual work. An audiovisual work is a work that consists of a series of related images that are intended to be shown by the use of a machine or device, together with accompanying sounds, if any.
Single Serial Issue (Published)
Serials are works issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely. Examples are periodicals, newspapers, magazines, bulletins, newsletters, annuals, journals, proceedings of societies, and other similar works.
Serials which are frequently published can often be registered as a group. This option is significantly less expensive than registering each issue separately. (See the requirements for registration of a group claim: Newsletters, Newspapers, Serial Issues.) If you determine you are eligible to register a group claim, click “Home” and choose “Register a Group Claim.”
If the requirements for group registration are NOT met, then use the “Single Serial Issue” option. Note that this option can only be used for serials that have been published. If the serial issue has not been published, use the “Literary Work” option.
Note that registration for a serial issue covers only the content of that particular issue. A claim to copyright in a single issue of a serial does not give blanket protection for other issues published under the same serial title. Each issue is considered a separate work for copyright purposes. For example, registration of “vol. 1, no. 1” of Country Doctor applies only to that issue and not to “vol. 1, no. 2.”
The deposit requirement for a single serial issue is two copies of the serial issue being registered. (Send only one copy if the issue was first published outside of the United States.)
Works That Include More Than One Type of Authorship
If you are registering more than one type of authorship in a work, select the Type of Work that corresponds to the predominant material. For example, if you are registering a book that is mostly text and also contains a few photographs, select Literary Work. Or, if you are registering a book that is mostly photographs and contains a small amount of text, select Visual Arts. If the two types are almost equal, choose either Type of Work. EXCEPTION: For any registration that includes a claim in sound recording, select Sound Recording as the Type of Work, whether or not the sound recording is predominant.
If a work contains more than one type of authorship but you are registering only one element in it, select the Type of Work that corresponds to the element you are registering. For example, if a book is mainly text with one photograph, but you are registering only the photograph, select Visual Arts as the Type of Work.
The Type of Work is for classification purposes only and has no effect on the validity or legal benefits of the registration.
What Can Be Included on a Single Application
For published works, all works published in a single unit of publication and owned by the same copyright claimant may be the subject of a single registration. For unpublished works, detailed requirements apply—see below. A single registration is not appropriate for the elements of a work when they are owned by different copyright owners.