Copyright basics. What it protects and how it works.
Copyright is one of the four pillars of intellectual property: it protects original works of authorship. Software code, written content, music, photography, video, illustrations, design - all are eligible. Unlike trademarks (which require registration) and patents (which require examination), copyright protection is automatic the moment a work is fixed in a tangible medium. Registration with the US Copyright Office is optional but strengthens enforcement rights significantly.
Start here.
Copyright exists the moment an original work is fixed in tangible form. No registration required for basic protection.
Registered copyrights can sue for statutory damages ($750-$150,000 per work) and attorney fees. Unregistered copyrights cannot.
Life of author + 70 years. Works made for hire: 95 years from publication or 120 from creation, whichever is shorter.
Ideas, facts, methods, systems, common phrases, titles, names. Copyright protects expression, not the underlying idea.
Limited uses for commentary, criticism, education, parody, and news reporting may be allowed without permission.
The full picture.
What copyright protects
Original works of authorship fixed in tangible medium: literary works (writing, software code), musical works (compositions and recordings), dramatic works (plays, screenplays), pantomimes and choreographic works, pictorial/graphic/sculptural works (photography, design, illustration), motion pictures and audiovisual works, sound recordings, architectural works.
What copyright does NOT protect
Ideas, facts, methods, processes, systems, principles, discoveries. Names, titles, short phrases, slogans (use trademark for these). Works of the US government (public domain). Common information conveyed without original expression.
Automatic vs registered
Copyright exists from creation. Registration is optional but opens up: statutory damages ($750-$150,000 per work for non-willful, up to $300,000 for willful), attorney fees in litigation, presumption of validity, ability to record with US Customs to block infringing imports.
How to register
File electronically at copyright.gov. Cost: $45 (single author, single work) to $125 (group registrations). Provide a deposit copy of the work. Typical processing: 3-9 months.
Duration
Life of the author + 70 years for individual-author works. For works made for hire (employee work product, certain commissioned works): 95 years from publication or 120 years from creation, whichever expires first. Older works may have different rules.
Fair use
Section 107 exception. Four factors weighed: (1) purpose and character (commercial vs nonprofit; transformative vs verbatim); (2) nature of the work; (3) amount used; (4) market effect. Fair use is fact-specific and contested.
Work for hire
Works created by employees within scope of employment are owned by the employer. Works by independent contractors are owned by the contractor unless: (a) covered by a written work-for-hire agreement, AND (b) fall into one of nine statutory categories.
International protection
US copyright is recognized in 180+ countries under the Berne Convention. Most foreign works receive automatic US protection without registration.
Infringement
Use without permission of any of the exclusive rights (reproduction, distribution, derivative works, public display, public performance). Remedies: injunction, damages, attorney fees, criminal penalties in some cases.
Common questions.
What is copyright?
Do I have to register a copyright?
What does copyright protect?
How long does copyright last?
Who owns a copyright in a business?
What is work made for hire?
Is copyright the same as a trademark?
How do I protect my software or content?
Can File.Business help me own my creative work?
IP setup, done right.
Trademark filing, copyright registration, attorney-vetted IP assignment, and connection to specialty IP attorneys for patents.
This guide is educational. Specific IP decisions require professional legal advice.
How we deliver, end-to-end.
Four-step path from request to confirmation. State and IRS turnaround varies; our steps run in parallel where possible to compress the timeline.
Intake + scope
You tell us what you need through a short intake form (or a call for complex matters). We confirm scope, surface any gating issues (deadlines, missing documents, entity status), and quote any state fees that pass through at cost.
Prepare + verify
Our specialists draft the filing, verify entity details against state databases, run internal QA, and route any items needing your sign-off. You see drafts before anything gets submitted.
File with the authority
We submit directly to the state Secretary of State, FinCEN, IRS, USPTO, or whichever authority your filing requires. We pay state fees at cost and track the submission identifier in your account.
Confirmation + vault
Stamped certificate, IRS notice, or filing receipt arrives in your SOC 2 encrypted document vault the moment we receive it. Next filing deadline auto-added to your compliance calendar where applicable.
Built on the same infrastructure used by 220,000+ businesses.
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Independent annual security audit covering access control, change management, incident response, and data handling. Current report on request.
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Every state plus DC plus Puerto Rico - direct filings, not third-party reseller. We hold registered-agent qualifications in every state we operate.
Deadline guarantee
If we miss a filing deadline on a service you pay us to manage, we pay the state penalty. Specific to each plan and the filings it includes.
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Change your mind in the first 60 days and we refund our service fee in full. State filing fees pass through at cost and are non-refundable once paid to the state.
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