Things every client should know about copyrights

Can you “copyright it yourself”?

Yes. Generally speaking, in the United States, every citizen has the right to represent himself or herself in most kinds of legal proceedings.

However, most copyright attorneys recommend against the practice. Why? Because the preparation of an effective copyright application is a legal task that takes years to master. Why? Because the legal issues implicated in the process of defining a work of authorship (and positioning it for licensing and / or litigation) are both broad and deep.

Evidence on this point is everywhere. Numerous court decisions comment on how challenging the preparation of an effective copyright application can be. The U.S. Copyright Office’s publicly issued regulations, as well, support the proposition. For example, the U.S. Copyright Office’s Compendium of copyright regulations is quite voluminous and even a quick perusal of the manual provides a sense for traps that await the uninformed.

Bottom line: Every man has the right to represent himself both in court and before the U.S. Copyright Office. However, most copyright attorneys recommend against the process. Why? Not because they want to obtain a fee. Rather, they recommend commissioning a specialist, because experience has shown, time and again, that when an intelligent and motivated author joins forces with an experienced copyright attorney, the result is a broad, commercially valuable copyright.