Legal services for technology-based companies

_____________________________________________________________________________________ Ascentage Law, PLLC One Broadway, 14th Floor, Kendall Square, Cambridge, MA 02142 USA

TEL: +1.617.475.1603 www.ascentagelaw.com FAX: +1.617.401.3706

Copyright FAQs

Do I need to register the copyright in my work? Technically speaking, no. The law protects your work as soon as it is created and fixed in a “tangible medium of expression.” This means as soon as you put the idea down on paper it is usually protected. However, there are certain legal benefits of registering your work. Why should I register my copyright?

1. Certain legal remedies are only allowed when you have a valid copyright registration.

2. If someone is infringing your work it is easier to

3. prove your ownership of the work by producing the registration certificate.

4. It can make licensing your work easier. 5. It is only $35 if you file via

www.copyright.gov. How long does copyright last? Generally, if the work is created after January 1, 1978, protection lasts for the life of the author plus an additional 70 years. If a work is done anonymously, under a pseudonym, or as a “work made for hire” there are differing lengths of protection. What is protected by copyright? Any creative work, including visual artwork, such as paintings and sketches; musical works, such as sheet music and lyrics; written works, such as books and poems; physical works, such as unique architectural designs and sculptures; and computer based works, such as websites and certain coding. What can I do if someone infringes my work? First, ask “do I own a copyright?” If you do, then consider requesting, in writing, that the infringer stop using your work and make sure to keep a copy of your letter. You may also be able to file a lawsuit in a federal district court, but consult an attorney to help you determine your rights.

What is not protected by copyright? Ideas that are not fixed to a “tangible medium of expression”—this means if you have an idea for a work, don’t just tell people, write it down, sketch it out, etc. so that it is protected. Specifically, business names, trade names, an individual’s name, any inventions, or secret ingredients are not protected by copyright. However, these items may be protected under trademark or patent law or as a trade secret. What does “public domain” mean? Something is in the “public domain” if:

1. It is no longer eligible for copyright protection, or

2. It failed to meet the initial requirements for copyright protection.

This means that others may freely use the work without permission from the creator. You can search the Copyright Office’s database to determine if a work is registered at www.copyright.gov/records/. However, when in doubt, do not assume something is in the public domain. Can I get an international copyright? There is no such thing as an international copyright. The level of protection that a work will receive in a foreign country is determined by the United States’ agreement with that nation through certain intentional arrangements, such as the Berne Convention. It is always important to determine the specific copyright law of the nation you are seeking protection in by visiting www.copyright.gov/laws/ and clicking on “international copyright relations.”

Legal services for technology-based companies

_____________________________________________________________________________________ Ascentage Law, PLLC One Broadway, 14th Floor, Kendall Square, Cambridge, MA 02142 USA

TEL: +1.617.475.1603 www.ascentagelaw.com FAX: +1.617.401.3706

Helpful Legal Books for Artists: The Public Domain: How to Find and Use Copyright Free Writings, Music, Art & More by Stephen Fishman Getting Permission: How to License & Clear Copyrighted Materials Online and Off by Richard Stim The Writers’ and Artists’ Yearbook Guide to Getting Published: The Essential Guide for Authors by Harry Bingham How To Protect Your Web Pages: Protecting your Website Content From Illegal Copy by Quick Easy Guides How to Register Your Own Copyright by Mark Warda Helpful Web Resources: The Stanford Copyright & Fair Use site: http://fairuse.stanford.edu/ Center for Social Media Fair Use site: http://www.centerforsocialmedia.org/fair-use Wisco Computing Protecting Your Website: http://www.wiscocomputing.com/articles/protect_web_sites.htm Findlaw’s Copyright site: http://smallbusiness.findlaw.com/copyright/

The information above is for informational purposes only and should not be considered legal advice. Because each individual’s situation is unique, please consult an attorney.