Benefits of Copyright Protection

Copyrights are often considered the stuff of musicians, music companies, authors and movie studios, but your business may have material that could be copyrightable. If your business has created software programs, employee training manuals, or even advertising materials, those programs and materials may be copyrightable under federal law.

You are not required to obtain a copyright registration to be entitled to copyright protection. Copyright protection attaches to an original work the moment it is fixed in some medium; however, there are several benefits that come with registration that would not be otherwise available, and are worth the minimal expense of obtaining. Registration creates a public record that constitutes public notice the work is protected, which may deter others from copying the work without permission. In addition, registration is a prerequisite to bringing a copyright infringement lawsuit. A party may sue as soon as it registers its work, even if registration occurs after the infringement began. However, timely registration (generally within 90 days of publication or prior to the infringement) entitles the copyright holder to certain enhanced legal remedies against infringers, such as statutory damages (a set amount per infringement) and attorneys’ fees. In cases where a timely registration is not made, the copyright holder is limited to actual damages and profits, which can be difficult and expensive to prove.

For more information, please contact Kimberly Grimsley at grimsley@bowie-jensen.com.