What Is a Copyright?

If a person today creates an intellectual, creative or artistic work, the form of that work is automatically protected by Federal Copyright law (Title 17 of the U.S. Code). Copyright protection does not extend to the underlying ideas or information, but simply to the form in which they are presented.

As of 1989, Copyright protection for works that are copyrightable is automatic (courtesy of the Berne Convention and the 1989 Berne Convention Implementation Act). Simply displaying the symbol ‘©’ lets people know that the work is Copyrighted – although even that notice is not a requirement. A Copyright holder can register the Copyright with the U.S. Library of Congress. The benefit to registration is mainly the ability to recover more damages from infringers.

If the creator of a copyrightable work is a physical person, then he enjoys Copyright protection for the work for his life plus 70 years. If the creator is an entity (a business), then the Copyright protection is either 120 years following the creation of the work or 95 years after the work is published.

If you are interested in more detail related to your situation it is best to speak with an attorney.

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Andrei Tsygankov is the Co-Founder and COO of SmartUp® and a partner at Founders Legal (Bekiares Eliezer LLP). As an attorney, Andrei specializes in corporate, commercial, trademark, and international business matters.

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