Copyrights

What Is Copyright? Explaining How Copyright Works

Copyright registration with the U.S. Copyright Office, ownership agreements, and infringement enforcement, handled by registered attorneys at a flat fee quoted before we begin.

Copyright protects original works of authorship the moment they are fixed in a tangible form: books, music, art, film, and software. Leavitt and Eldredge register your work with the U.S. Copyright Office, sort out who owns what, and enforce your rights when someone copies you. Flat fees, registered attorneys, every quote in writing before we start.

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Copyright is grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright law covers both published and unpublished works. A copyright lawyer can help you with a range of copyright matters, from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

WHAT DOES COPYRIGHT PROTECTION COVER?

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  • literary works, including novels, non-fiction books, poems, stage productions, newspapers, magazines, and web articles
  • computer software, mobile applications, and databases
  • films, musical works (from songs to symphonies), and choreography
  • art, including paintings, sculpture, photographs, and drawings
  • architecture
  • maps and ads

WHEN DOES COPYRIGHT PROTECTION START?

Copyright protection starts at the moment the work is created and fixed in a tangible form that is perceptible, either directly or with a machine or device. Think of the moment when scenes for a movie are shot and recorded. Those images are now afforded copyright protection. No one else can reuse those shots without permission.

WHAT RIGHTS DOES THE COPYRIGHT OWNER HAVE?

There are two types of rights under copyright:

Economic Rights: the owner, author, or creator’s right to receive financial remuneration for others’ use of his or her work. Examples provided by the World International Property Organization include:

  • its reproduction in various forms, such as printed publication or sound recording
  • its public performance, such as in a play or musical work
  • its recording, for example, in the form of compact discs or DVDs
  • its broadcasting, by radio, cable or satellite
  • its translation into other languages
  • its adaptation, such as a novel into a film screenplay

Moral Rights: These protect non-economic interests. Again, from WIPO:
Examples of widely recognized moral rights include the right to claim authorship of a work and the right to oppose changes to a work that could harm the creator’s reputation.

Learn more on how to obtain a copyright.

Common questions

Frequently asked

Do I have to register a copyright to own it?
No. Copyright exists automatically the moment you fix an original work in a tangible form, so you own it without filing anything. Registration with the U.S. Copyright Office is still worth it, because you must register before you can sue for infringement, and timely registration lets you seek statutory damages and attorney fees instead of proving your actual losses.
What can be protected by copyright?
Copyright covers original works of authorship such as novels, articles, songs, films, photographs, paintings, sculpture, choreography, architecture, maps, and computer software. It protects the way an idea is expressed, not the underlying idea, facts, names, or short phrases. If you fixed the work yourself and it shows some creativity, it likely qualifies for protection.
When does copyright protection start?
Protection starts at the moment the work is created and fixed in a form that can be perceived, either directly or with a device. A song is protected once it is recorded or written down; a film is protected once the footage is captured. From that point, no one else can reproduce, distribute, or adapt the work without your permission.
What rights does a copyright owner have?
A copyright owner holds economic rights and moral rights. Economic rights let you control and earn from reproduction, public performance, recording, broadcasting, translation, and adaptation of the work. Moral rights let you claim authorship and object to changes that would harm your reputation. You can license or transfer these rights, which is where a clear written agreement matters.
How long does a copyright last?
For works by an individual author created today, copyright lasts the life of the author plus 70 years. For works made for hire, and anonymous or pseudonymous works, the term is 95 years from publication or 120 years from creation, whichever ends first. After the term expires, the work enters the public domain and anyone may use it.

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