{"id":4983,"date":"2016-04-04T10:47:50","date_gmt":"2016-04-04T15:47:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/how-to-secure-a-copyright.html"},"modified":"2024-05-22T02:48:28","modified_gmt":"2024-05-22T07:48:28","slug":"how-to-secure-a-copyright","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/how-to-secure-a-copyright.html","title":{"rendered":"How to Secure a Copyright"},"content":{"rendered":"\n
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How to Secure a Copyright<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last reviewed\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Creative works are not easy to produce. Fortunately, small business owners and entrepreneurs use intellectual property law<\/a> to protect their creations. The creators of these works, even a startup, have intellectual property rights.<\/p>\r\n

One of the most used intellectual property protections is copyrights<\/a>. Copyright law allows the copyright holder to take legal actions and seek legal protections. In doing so, these small businesses can shield their brand. Unlike trademarks<\/a> or patents, a copyright owner does not need to register their work before they can assert rights to it and defend it.<\/p>\r\n

This article explains forms of intellectual property, how to secure a copyright on artistic works, and the advantages of registration with the United States Copyright Office.<\/p>\r\n

Intellectual Property Rights Basics<\/h2>\r\n

Intellectual property (IP)<\/a> exists in a few forms outside of copyright law. These other forms are:<\/p>\r\n

Trademark:<\/b> Registered with U.S. Patent and Trademark Office (USPTO)<\/a>. Trademark registration extends to unique business names, brand names, and product names for the goods or services associated with them. Logos, sounds, and names can be registered. A registered trademark with the federal government allows national protection and the option for international protection.<\/p>\r\n

Patent:<\/b> Registered with the United States Patent and Trademark Office<\/a>. Patents protect new and useful discoveries, methods, machines, and processes. There are three types of patents<\/a>: utility, design, and plant. Utility patents<\/a> cover how a machine or process works or is used, while a design patent focuses on the "look" of the mechanism or process. International patent protection<\/a> happens through the World Intellectual Property Organization known as WIPO<\/a>.<\/p>\r\n

Trade secrets<\/b>: There are no formal registration requirements, but IP protection happens when others sign non-disclosure agreements (NDAs)<\/a>. These documents are contracts that say the business or person will not share any information they learn about the company. A trade secret<\/a> is an intangible asset that is important to a small business. It can be a recipe, client lists, or a business operations policy. Some states have laws based on the Uniform Trade Secrets Act<\/a> that help protect the company if an employee divulges a trade secret.<\/p>\r\n

The types of intellectual property a business has lead to different ways intellectual property theft can occur. Small business owners protect their intangible assets and creations with intellectual property protections. These include federal registrations, cease and desist letters, injunctions, and lawsuits.<\/p>\r\n

Copyright Law History<\/h2>\r\n

The Copyright Act of 1976 required notice of copyright<\/a> to secure a copyright. That notice requirement stopped when the United States followed the Berne Convention<\/a> (effective March 1, 1989).<\/p>\r\n

Under the current U.S. laws<\/a>, securing copyright doesn’t require publication, registration, or any other action in the U.S. Copyright Office<\/a>. Instead, the creation of a work secures copyright protection<\/a> automatically. There are distinct advantages to registering with the U.S. Copyright Office for federal protection.<\/p>\r\n

Protecting Your Intellectual Property by Copyright<\/h2>\r\n

Copyright protection is available to original works of authorship like:<\/p>\r\n