Key Takeaways

  • Copyright protection begins automatically once a work is fixed in tangible form.
  • Registration is not required but provides significant legal advantages.
  • Copyright applies to a broad range of creative and business-related works.
  • Copyright owners can license or sell their rights to generate revenue.
  • Certain types of content, such as ideas, titles, and facts, are not eligible for copyright protection.
  • International treaties extend copyright protection beyond U.S. borders.
  • U.S. Copyright Office registration strengthens enforcement rights, especially in infringement cases.
  • UpCounsel can connect creators with experienced attorneys for help with copyright creation and protection.

Copyright is an intellectual property (IP) right recognized by U.S. law that protects original works of authorship, such as literary, dramatic, musical and other creative works. Copyright not only covers artistic products, such as novels, paintings, movies and songs, but also business-related works, like software code, architectural plans, website designs, training manuals and marketing reports.

Copyright does not protect facts, ideas, systems or methods of doing things, but it can protect the way such things are expressed in writing, through sound or visually.

Copyright vs. Trademark vs. Patent vs. License

Copyrights differ from trademarks, patents and licenses. Each provides for a different form of IP rights protection. Trademarks concern words, phrases, logos, designs, etc. that differentiate the source (manufacturer, for example) of a good or service from goods and services produced by other sources. Patents protect inventions and their designs. Licenses transfer, by way of contract, IP rights from the owner of the rights (the Licensor) to a third party who wants to use them (the Licensee).

Why is copyright important?

Copyright gives the creator (the “author” under copyright law) the exclusive legal right to reproduce (for example, print or copy), publish, perform, display, film or record the creative content, and to authorize others to do the same. It also gives the creator the right to create “derivative works” from the original creation. For example, only the author has the right to update, revise or condense the work, or to sell only portions of it. Copyrights last for a term equal to the author’s lifetime plus 70 years. If the owner is a company and not a person, the term is 95 years from the date the work was first made public.

With a business copyright, you can:

  • Prevent others (infringers) from copying it in an effort to compete with you.
  • Use it to generate revenue by directly selling copyrighted products and services, or by licensing the copyright to others in exchange for royalties.
  • Build joint ventures and alliances with other companies to combine your intellectual property with IP owned by your strategic partners.

U.S. Copyright protects works in the United States as well as in the approximately 170 nations that are signatories to the Berne Convention.

Rights That Come With Copyright Creation

Upon copyright creation—that is, when an original work is fixed in a tangible medium—the author receives a bundle of exclusive rights under U.S. law. These include:

  • Reproduction rights: The right to copy, duplicate, transcribe, or reproduce the work in any form.
  • Distribution rights: The right to sell, rent, or lease copies of the work to the public.
  • Modification rights: The right to create derivative works, such as translations, adaptations, or new versions.
  • Public performance rights: Applicable to plays, films, music, and other works meant to be performed.
  • Public display rights: Pertains to the right to show artwork, photographs, and similar works publicly.

These rights can be transferred or licensed, which allows creators to monetize their intellectual property. For example, a photographer can license an image to a publisher while retaining the copyright.

Steps required to copyright your work

1. Create your work.

In most countries, including the U.S. and U.K., the legal rights associated with copyright arise as soon as you create work in a tangible form that someone can see, hear or touch — either directly or through a machine (such as a computer). You should retain some record or proof of the date you created your work in case a challenge to your claim to the rights is made.

2. Get agreements from your independent contractors.

If your employees helped create the work as part of their job duties, copyright law provides that any rights they might otherwise have as an “author” are automatically transferred to the company as "work made for hire". It is still a good idea, though, to have your employees sign an agreement confirming that your company owns any and all IP rights to works they produce on the job.

The law treats independent contractors (such as consultants) differently when it comes to copyright. When non-employee independent contractors produce creative work for your company, the contractor automatically retains the IP rights to that work unless there is a written agreement that makes clear that the work is “work made for hire” and your company retains the rights (i.e., copyright) to it. Be sure that work-for-hire provisions are included in all of your service agreements and engagement letters with contractors and consultants who create such things as software, websites, prototypes, advertising, reports or manuals for your company.

3. Mark your work with a copyright notice

Although not required by law, a copyright notice on your company’s work is useful. It puts the world on notice that you consider the work protected by copyright, and prevents potential infringers from successfully arguing in court that the copying of your work was an innocent mistake. Copyright notices should be placed in a prominent place on the work, and must include these three elements:

  • The “©” symbol, or the word “Copyright,” or the abbreviation “Copr.”
  • The year the work was first published.
  • The author’s name.

Phrases such as “All rights reserved” are optional.

4. Register your work

Although not required by law, registering your company’s significant copyrighted assets with the U.S. Copyright Office is almost always a good idea. Registration requires the filing of a completed application form, payment of a nonrefundable filing fee, a non-returnable deposit, and a copy or copies of the work being registered with the Copyright Office. If you are registering software code that contains trade secrets or other confidential information, there are rules for removing that sensitive information from the copy to be deposited. Copyright registration can be done by mail or online using the Copyright Office’s eCO system.

Copyright registration affords your company several benefits:

  • It provides a public record of your copyright claim.
  • It allows you to bring an infringement claim in court (unregistered copyrights of U.S. works cannot be enforced in court).
  • If registration is made within five years after your work’s publication, a court will presume the copyright is valid and the statements made in the registration are true.
  • If registration occurs within three months after publication or before your work has been infringed, you can seek automatic damages for infringement, as provided for in the U.S. Copyright Act (in other words, you don’t need to prove damages) in any court claim, as well as payment of your attorneys’ fees by the infringers.

The Poor Man’s Copyright

“The poor man’s copyright” refers to the practice of making a copy of your work, placing it in a sealed envelope and mailing it to yourself under the mistaken belief that, by doing so, the work is then protected in the same way as registration with the U.S. Copyright Office. This is simply not true. The additional protections of copyright registration can only be gotten through the U.S. Copyright Office process.

Additional Considerations for Copyright Registration

While registration is not necessary for copyright creation, registering your work offers strategic advantages:

  • Recordkeeping clarity: Registration creates a verifiable timeline for when a work was created and published.
  • Legal enforcement: Infringement suits for U.S. works require federal registration before a lawsuit can be filed.
  • Enhanced remedies: Registered works may qualify for statutory damages and attorney’s fees without needing to prove actual damages.

Registration Tips:

  • If registering a collection of works, such as a blog series or a group of photographs, the U.S. Copyright Office allows registration under a single application if certain criteria are met.
  • When registering software, you can redact confidential sections using the “best edition” and “trade secret” provisions to protect proprietary code.

Are there works that you can’t copyright?

Yes. Certain materials are considered so commonly used that they should be available to everyone and therefore not restricted by copyright, including:

  • Titles of works (songs, movies, plays, books, etc.), names, slogans and short phrases.
  • Common symbols or designs.
  • Variations of typefaces, lettering or coloring.
  • Lists of ingredients or contents.
  • Information that is common property and contains no original authorship (such as calendars, height/weight charts, tape measures/rulers, and lists or tables taken from public documents).

Copyright vs. Public Domain

Works that are in the public domain are not protected by copyright and are free for anyone to use without permission. These include:

  • Works whose copyright has expired (e.g., many works published before 1929).
  • Works explicitly donated to the public domain.
  • Works created by the U.S. federal government.

Understanding the public domain is important, especially for educators, creators, and businesses that rely on content reuse. It’s crucial not to assume that lack of a copyright notice implies public domain status—registration or publication date must be verified.

International Copyright Protection

Copyright creation in the U.S. automatically extends to many foreign jurisdictions through international treaties. The most notable of these is the Berne Convention, which ensures that member countries recognize each other's copyrights without requiring additional registration.

Key facts:

  • U.S. creators are protected in more than 170 countries under this treaty.
  • However, enforcement rules vary by country, and local legal procedures must often be followed to stop infringement abroad.
  • In some cases, creators may wish to register their work in key international markets for stronger legal remedies.

An UpCounsel attorney can guide you through foreign registration and international copyright strategy if your work has global reach.

Frequently Asked Questions

  1. When does copyright protection begin?
    Copyright protection begins automatically once an original work is fixed in a tangible form—no registration is required.
  2. Do I need to register every version of a work?
    Only substantial updates or versions that differ significantly should be registered separately; minor edits typically do not require new registration.
  3. Can I copyright my website?
    Yes, websites can be copyrighted, including the written content, images, and layout. However, domain names and functional aspects may fall under trademark or patent law.
  4. What happens if someone infringes on my unregistered copyright?
    You may still pursue legal action, but you cannot file a federal lawsuit or seek statutory damages unless your work is registered.
  5. How can I protect my copyright internationally?
    Your work is protected in Berne Convention countries, but enforcement abroad may require additional legal action or registration depending on the jurisdiction.

If you decide that you need help copyrighting your company’s works, you should post your legal need on UpCounsel's marketplace. UpCounsel screens out 95 percent of lawyers to provide only the best lawyers from top law schools, such as Harvard and Yale. UpCounsel lawyers have an average of 14 years of practice experience, and have provided legal services to many large companies, including Menlo Ventures, Airbnb and Google.