To secure full copyright protection in the U.S.A., you must register your copyright. Registration entitles you to claim statutory damages. However, if your copyrighted work contains “know-how” or confidential information – in software, for example – you may prefer not to register it, because the registration process may make your confidential information or “know-how” accessible to the public. In the European Union, Asia and other countries around the world, copyright registration is not required.
Protecting Creative Work Internationally
Copyright protects original creative work, from books, articles and photographs to music, films, designs and software. For many businesses, copyright is one of the most valuable assets they own, even if they rarely think about it. Understanding how protection arises and how it works in different countries helps you make the most of it.
Protection Without Registration
In the UK, Slovakia and most other countries, copyright arises automatically when an original work is created and recorded in some form. There is no need to file an application. Thanks to international conventions, works created in one member country are generally protected in the others too. This makes copyright quite different from trademarks and patents, which usually require registration.
Why Registration Can Still Matter in the USA
The United States also protects works automatically, but it offers a registration system with practical advantages, particularly if you ever need to bring a claim for infringement there. Businesses that publish or sell creative work in the US market often consider registration for their most important works. As noted above, it is worth thinking about whether a registration would make confidential information public, especially for software.
Proving Ownership
Even where registration is not needed, you may one day have to prove that you created a work and when. Good habits include:
- Keeping dated drafts, source files and records of development
- Using copyright notices on published material
- Storing copies of work securely
- Keeping records of publication dates
Who Owns the Copyright?
Ownership is not always obvious. Work created by employees in the course of employment may belong to the employer, but work created by freelancers, agencies or contractors often remains with the creator unless there is a written agreement transferring it. If your business relies on content, software or designs created by others, make sure the contracts deal clearly with ownership or licensing.
Copyright and Other Rights
A logo, for instance, may be protected by copyright as an artistic work and also be registered as a trademark. Using several forms of protection together often provides the strongest position.
If you would like advice on protecting your creative work, registering copyright in the USA or reviewing ownership clauses in your contracts, contact eTuls.
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