Things every client should know about copyrights

How does one obtain a copyright registration?

In a nutshell, you apply for it.

A company hires a copyright attorney to assist it in preparing and filing a copyright application for its copyright. The application requires the applicant to provide a variety of different kinds of information including, for example, who the author / owner of the copyright rights is, when the work was authored, and precisely what the work being copyrighted is.

Copyright applications are not nearly as difficult to prepare as patent and trademark applications because most questions about the nature of the work being copyrighted are answered by the copy of the work (termed the “deposit”) that is provided with the application. However, it is a grave misstatement to imply that copyright applications are not complex. In point of fact, the application forms provided by the Copyright Office contain numerous traps. Mistakes regarding the identification of the applicant, the work itself, whether the work is based upon one or more prior registered or unregistered works, and the nature of the deposit (i.e., the sample copy) provided can all result in an invalidation of the registration during subsequent copyright infringement litigation.

The key to avoiding (or at least minimizing the probability of) these unhappy occurrences: hire a copyright attorney (that is, an attorney who devotes a substantial portion of his or her time specifically to filing and advancing copyright applications through the U.S. Copyright Office).

Is it important to file the copyright application quickly?

Is performing a copyright search necessary?