A copyright owner generally has the following six exclusive rights under federal law: (1) to reproduce the copyrighted work; (2) to make adaptations to the copyrighted work; (3) to publicly distribute copies of the copyrighted work; (4) to publicly perform the copyrighted work; (5) to publicly display the copyrighted work; and (6) to publicly perform the work by digital audio transmission.  The last three rights apply to certain types of eligible works.

Certain types of eligible works (original works of authorship fixed in a tangible medium of expression) are eligible for preregistration including movies, music, books, musical compositions, software and pictures.  Preregistration permits a copyright owner to file a civil action for infringement of a United States work/copyright that would otherwise not be permitted without registration.  With preregistration, registration must be completed three months after publication of the work.  Failure to timely register may lead to the subsequent dismissal of an infringement action that was initially authorized to be filed on the basis of preregistration.  Preregistration can assist a copyright owner to protect a valuable copyright that may be at greater risk of infringement.

Registration involves submitting the required registration form and registration fee (which can vary depending on the type of work and whether the form is filed online) to the U.S. Copyright Office.  Registration will require the disclosure of: (1) the eligible work’s author(s); and (2) any preexisting works that were made a part of the eligible work sought to be registered.  The work sought to be registered with the U.S. Copyright Office generally must be included in the application for registration.  In addition, unrelated to the application for registration, within three months of publication of a copyrighted work, a copy of the work must generally be deposited with the Library of Congress.

A work is generally eligible for copyright protection if it is: (1) original; (2) a work of authorship (de minimus words and short phrases as well as abstract ideas may not qualify); and (3) fixed in a tangible medium of expression (copyright protection would not extend to such things as unrecorded performances).  Copyrightable works under federal law include such things as: (1) literary works; (2) musical works including associated words; (3) dramatic works including associated music; (4) pantomimes and choreographic works; (5) pictorial, graphic and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.  This list of copyrightable works is by way of example rather than exclusive under federal law.

For eligible works (original work of authorship fixed in a tangible medium of expression) initially created on or after January 1, 1978, the period of copyright protection is: (1) the life of the author plus 70 years for individually authored works; (2) the life of the last surviving author plus 70 years for jointly authored works; and (3) 95 years from the date of publication or 120 years from the date of creation, whichever is less, for works made for hire (where the creator was employed or commissioned to create the work) and anonymous and pseudonymous works.

The answer to this question can be simple and yet can quickly become involved.  The author of an eligible work (original work of authorship fixed in a tangible medium of expression) gains a copyright in the work (even without federal registration or copyright notice) simply on the basis of authorship.  However, determining authorship of a copyright can become an involved question if multiple parties contributed to the creation.  In addition, the creator of an eligible work may not own the copyright in the work or be considered its author if the creator was employed or commissioned by another party to create the work.

While providing a copyright notice is no longer required for newly created copyrightable material, there are still legal and practical benefits to providing a copyright notice.  In a copyright infringement action, a copyright notice will preclude the infringing party from claiming a defense of innocent infringement that could otherwise permit actual or statutory damages to be reduced.  In addition, by providing a copyright notice and identifying the owner of the copyright, a copyright owner can make it easier for a potential user of the copyright to use it only with permission.

Registration of a work/copyright with the U.S. Copyright Office is typically not required in order for the creator of copyrightable material to have legal rights to the work.  However, registration creates certain additional legal rights and protections to the copyright owner that the owner would not otherwise have.

Registration of a copyright is required in order to be eligible to file a civil action for infringement of a United States work/copyright.  If a certificate of registration is issued by the U.S. Copyright Office for an eligible work (original work of authorship fixed in a tangible medium of expression) within five years of its first publication, the certificate of registration will be treated in any infringement action as rebuttable proof of the validity of the copyright and of the facts stated on the certificate.  Alternatively, if a certificate of registration is not issued for a copyright within five years of its first publication, the evidentiary significance of the certificate in a copyright infringement action will be left to the discretion of the court.  Further, a copyright owner will only be eligible to recover statutory damages and attorney’s fees in a copyright infringement action if the eligible work was registered as a copyright with the U.S. Copyright Office before it was infringed.  Certain remedies against infringing copyright imports through the U.S. Customs Service or the International Trade Commission are only available if the copyright has been registered.  Compulsary licensing fees for use of certain copyrighted material may only be collected by the copyright owner as shown in the records of the U.S. Copyright Office.  Finally, registration of an eligible work provides constructive notice of the copyright to possible infringers through the U.S. Copyright Office’s recording system.