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FAQ: Holding a copyright

In this article:

What is a copyright?

A copyright is an intellectual property right in an original work of authorship. Each time you create something original — be it a photograph, a piece of writing, or a video — you are simultaneously creating a copyrighted work.

Original means you created it yourself — it doesn’t mean that the work has to be groundbreaking. Ideas alone aren’t copyrightable, nor are facts.

What does it mean to hold a copyright?

When you create a copyrighted work, you own a certain bundle of rights. These include the rights to copy, distribute, publicly perform, adapt (or make derivative works from), and license the work.
 
You can exercise these rights by yourself and, more importantly, you can prevent other people from exercising them. You can also sell (the legal term is assign) your copyrights to another person.

More detail on the rights:

  • Copy = Duplicate all or part of the work in some fashion.
    • Example: Burning a video file to a DVD.
  • Distribute = Make copies of the work and make them available to the public in some fashion.
    • Example: Making multiple copies of your DVD and selling them online – or uploading your video to Vimeo so people can see it.
  • Publicly perform = Exhibit or perform the work in a public setting.
    • Example: Screening your video at a theatre.
  • Adapt = Make a copy of some part of the original work but refashion or incorporate it in a new work. The resulting work is called a “derivative work.”
    • Example: A recut version of your video, or a sequel. 
  • License = Grant other people all or some of the above rights.
    • Example: Giving a theatre the right to screen your video or giving a distributor the right to distribute your film.

Do I have to register my copyright with the government?

No. When you author a work, you create a copyright that you can use or sell. However, if you want to sue someone to prevent them from using your copyright without permission in the U.S., then you need to register your copyright with the U.S. Copyright Office. Other countries have different rules on what is required to enforce a copyright.

💡Tip: U.S. law encourages people to register their copyrights. If you register your copyright before someone infringes upon it, you may have certain additional remedies available to you, like the right to recover statutory damages and attorneys’ fees.

 

Do I have to include a copyright logo (©) to maintain my copyright?

No. Some people use the logo to let people know a work is copyrighted, but it’s not required.  

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