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Protecting Your Writing, Art and
Music
by Mark
Levy, Esq.
What is a
Copyrighted Work?
When you create an original work of art, such as a painting,
photo, video, music, poem, lyrics, story, novel, screenplay,
computer program, or sculpture, the copyright law automatically
protects it. That protection occurs immediately, upon creation.
As a practical matter, though, you should place a copyright
notice on the work and register it in the U.S. Copyright Office.
The main reason for doing this is that registration is a prerequisite
to bringing a lawsuit for copyright infringement. The so-called
“poor man's copyright”—mailing a copy of your
work to yourself to obtain a postage date—is not adequate
to secure registration, and cannot be used in a court of law
to support a case of copyright infringement.
Once you've created your work, only you, the copyright owner,
can give permission to others to copy the work. As the copyright
owner, you have a number of options. You can allow certain
people or organizations to copy your work or distribute it
free or for a license fee. Of course, if you do not want others
to copy your work, that's also your right. You can simply
refuse to license it, keeping all copyright rights for yourself,
exclusively. If another party copies your work without your
permission, you can bring a lawsuit against that party for
copyright infringement. The court, using its discretion, can
award you up to $150,000 in statutory damages if someone willfully
infringes your copyrighted work.
Now, a friendly word of advice: copyright law is serious
business. Do not copy another's work or any part of it or
make another work that is derived from it (a "derivative"
work) unless you have the copyright holder's permission. Merely
because it is ever easier to copy the works of others, via
tape recorders, VCRs, photocopiers and the Internet, for example,
doesn't make it lawful to do so.
The Copyright
Notice - What, Where and When
Even though copyright law automatically and immediately protects
your work, it's a good idea to place a copyright notice on
it as soon as you create it. If you provide this notice on
your work, an infringer will be liable for all actual or statutory
damages committed before receiving actual notice of the copyright
registration.
Just be sure to place the copyright notice on your work yourself,
when you create it. Make sure the copyright notice appears
on all of your copies, too. Simply choose one of these forms
of the copyright notice:
(c) Mark Levy 2001
Copr. M. Levy 2001
Copyright Mark Levy MMI
You must use all three components of the notice (the copyright
word, abbreviation or symbol; your name; and the year date)
on one line for the notice to be effective. Using the copyright
symbol (c) by itself is defective notice and does no good.
The copyright notice is just that. It gives notice to the
public that you own the work. There's no such thing as providing
too much notice. For videos, you should place the notice on-screen
at or close to the beginning of the video or at the end, not
hidden somewhere in the middle. You should also include the
notice on your videotape or DVD labels and on the box or sleeve
that holds your video. For audio tape, place your copyright
notice on all labels affixed to the cassettes or compact discs.
If you are protecting your written poem, story, novel or script,
place your copyright notice on the title page of your manuscript
or at the top of the first page.
Which Copyright Application Form
to Use
The Copyright Office has separate divisions for different
types of works. Various types of copyright forms exist to
simplify the job of registering the different types of works.
Here are the most frequently used forms and their use:
Form TX "Text" Includes stories,
novels, poems, treatments and outlines in written form on
paper. Note: titles and short phrases are not protected
under the copyright law.
Form SR "Sound Recordings" Includes
music, audio narration, spoken or sung lyrics and sound
effects on audio cassettes, compact discs, DVDs and (optionally)
vinyl records or videocassettes.
Form PA "Performing Arts" This form
is used for dramatic works, plays, scripts, motion pictures
and other audiovisual works on videotapes and DVDs.
Form VA "Visual Arts" Includes
still photographs, graphic designs, sculpture (usually non-moving)
and art work.
You can order up to 10 forms directly from the U.S. Copyright
Office by telephone or online (see below). Simply call the
Copyright Office at (202) 707-9100 and leave a message on
the answering machine: your name and address and the forms
you need, with instructions.
Online Copyright Application Forms
A complete list of downloadable copyright forms is available
at the U.S.
Copyright Office's web page. In addition to the forms
are instructions specific to each type of form. These copyright
application forms are available in PDF format and are best
viewed with the latest, free Adobe
Acrobat Reader program. You can access fill-in versions
of copyright applications and then complete them online. A
second set of more specific instructions is available from
the same web page as the copyright application forms. Read
the instructions while filling out the application form online.
Finally, print the completed form on your own printer. Note
that, although you can access the forms online, you will have
to mail your application with your work (the "deposit")
and filing fee to the Copyright Office.
What to Send to the Copyright Office
Note the checklist at the lower right corner of the form.
It is always a good idea to check this list immediately prior
to mailing your application, deposit materials (that's a copy
of your work) and check or money order to the Register of
Copyrights.
In one fairly large envelope, send your signed and dated
copyright application, a check in the amount of $30 and a
complete copy of your work. That's a pretty good legal bargain
for protection that will last 70 years beyond your life!
If your work is a written script, for example, send a written
copy of it; if your work is an audio soundtrack, send an audio
cassette or CD; and if your work is a complete video, send
a videotape or DVD.
Since the Copyright Office receives over 50,000 copyright
applications each month, you may wish to send your envelope
certified, with a return receipt requested, so you know when
the Copyright Office receives your materials. A self-addressed,
stamped postcard included in your large envelope can accomplish
the same thing and save you postage. On the message side of
the postcard, you can write something like this:
The mail room staff of the Copyright Office will date stamp
your postcard and send it back to you.
Mail your copyright application, deposit materials and check
or money order made payable to "Register of Copyrights"
to:
Register of Copyrights
Copyright Office
LIBRARY OF CONGRESS
Washington, DC 20559
Now that you know everything you need to know about protecting
your original work under the Copyright Act, you're all set.
You can start copyrighting. That's the good news. The bad
news (for us copyright lawyers) is that you no longer need
a lawyer's services. You've just saved $250.
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