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IP guideCopyright protects original works of authorship: writing, music, software code, photography, video, design. Protection is automatic on creation; registration with the US Copyright Office strengthens enforcement.
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IP guide
Copyright Basics · File.Business

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.

Key facts

Start here.

Key fact
Automatic protection

Copyright exists the moment an original work is fixed in tangible form. No registration required for basic protection.

Key fact
Registration strengthens enforcement

Registered copyrights can sue for statutory damages ($750-$150,000 per work) and attorney fees. Unregistered copyrights cannot.

Key fact
Duration

Life of author + 70 years. Works made for hire: 95 years from publication or 120 from creation, whichever is shorter.

Key fact
What is NOT protected

Ideas, facts, methods, systems, common phrases, titles, names. Copyright protects expression, not the underlying idea.

Key fact
Fair use exception

Limited uses for commentary, criticism, education, parody, and news reporting may be allowed without permission.

In depth

The full picture.

01

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.

02

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.

03

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.

04

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.

05

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.

06

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.

07

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.

08

International protection

US copyright is recognized in 180+ countries under the Berne Convention. Most foreign works receive automatic US protection without registration.

09

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.

FAQ

Common questions.

What is copyright?
Copyright is the automatic legal protection for original creative works, writing, art, music, software, video, the moment they are fixed in a tangible form, giving the creator exclusive rights to copy, distribute, and adapt the work. It protects expression, not ideas or brands. We handle the entity that can own your creative works.
Do I have to register a copyright?
No: copyright exists automatically once you create the work, but registering it with the Copyright Office gives stronger enforcement, including the ability to sue for infringement and seek statutory damages. Registration is optional but valuable for works you may need to defend. See registration.
What does copyright protect?
Original works of authorship, books, articles, music, art, photographs, software code, film, fixed in a tangible medium, protecting how the idea is expressed rather than the idea itself. Facts, ideas, and brand names are not covered by copyright. We flag which protection, copyright, trademark, or patent, your work needs.
How long does copyright last?
For works by an individual, generally the life of the author plus 70 years, and for works made for hire, a fixed term of decades, after which the work enters the public domain. It is far longer than a patent, and we help ensure your business owns the works it relies on.
Who owns a copyright in a business?
By default the creator owns it, so unless an employee created it within their job or a contractor signed a work-for-hire or assignment, the business may not own work it paid for. We flag this so your business secures ownership of the creative work it depends on through proper agreements.
What is work made for hire?
It is a rule under which work created by an employee within their job, or by a contractor under a qualifying written agreement, is owned by the employer rather than the creator. Getting this right is how a business owns its content. We flag the agreements needed so ownership sits with the company.
Is copyright the same as a trademark?
No: copyright protects creative works, while a trademark protects a brand name or logo in the marketplace, and a patent protects inventions. They protect different things, and many businesses need more than one. We flag which applies to your assets.
How do I protect my software or content?
Copyright protects it automatically, and registration strengthens enforcement, while making sure employees and contractors assign their work to the company secures ownership. We handle the entity and flag the assignment agreements so your software or content is owned and protectable.
Can File.Business help me own my creative work?
We form the entity that holds your business's IP and flag the work-for-hire and assignment agreements that put ownership of creative work with the company, and can point you toward copyright registration for works worth defending.

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.

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