What is Copyright?

Copyright is the legal framework that gives creators exclusive rights over their original works. It transforms your creations into protected assets that you control — whether it’s a novel, a song, a software program, or a piece of art. As soon as a work is fixed in a tangible form (written, recorded, filmed, painted, coded, etc.), copyright automatically comes into existence. 

What does copyright protect? 

Copyright protects your creative work — books, music, photographs, films, software, artwork, and more. It doesn’t matter if it’s a bestselling novel or a photo you snapped with your phone: as soon as it’s fixed in a tangible form (written, recorded, filmed, painted, coded, etc.), copyright automatically exists. 

Copyright grants you a bundle of exclusive rights, including: 

• Reproducing your work in copies or recordings 

• Creating derivative works (like a sequel or remix) 

• Distributing your work (by sale, rental, lease, or lending) 

• Performing your work publicly (music, plays, films, recordings, etc.) 

• Displaying your work publicly (art, literature, choreography, graphic works, etc.) 

Important: Copyright does not protect ideas — only the expression of those ideas. The distinction can be tricky, which is why legal advice is often key. 

Why Copyright Matters? 

Copyright is more than legal paperwork — it’s your safeguard against misuse. With copyright, you can stop others from copying, distributing, or exploiting your work without permission. 

For businesses, this means your designs, software, content, or marketing materials are protected assets. Without copyright, competitors could use your creations freely, diluting your brand and eroding your competitive edge. 

Who owns the copyright in a work? 

Ownership usually belongs to the person who creates the work. But there are exceptions: 

• Employees: If an employee creates something within their job role, the employer owns it. 

• Freelancers/Contractors: Unless there’s a written “work-for-hire” agreement, the freelancer owns the copyright — even if you paid for the work. 

• Assignments: Copyright can be transferred through a signed written agreement. 

Pro tip: Always clarify ownership in writing before commissioning creative work. 

How long does copyright protection last? 

For most works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus 70 years. For an anonymous work, a pseudonymous work or a work made for hire, the copyright term is 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.  

Your attorney can help you to determine the length of copyright protection for works that predate 1978. 

Registering copyrights 

Copyright exists automatically, but registration with the U.S. Copyright Office strengthens your rights. Registration gives you: 

• A public record of your ownership 

• The ability to sue in federal court 

• Access to enhanced remedies (like statutory damages and attorney’s fees) 

Registration requires an application, a small fee, and a “deposit” copy of your work. It’s simple and the benefits far outweigh the cost. 

Enforcement of rights in a copyright 

Copyright infringement happens when someone uses your work without permission — like running your photo in an ad campaign, pirating your software, or making an unauthorized sequel. 

If infringement occurs, you can seek remedies in federal court, including: 

• Court orders to stop the infringement 

• Monetary damages 

• In some cases, recovery of attorney’s fees 

Key Takeaways 

• Copyright arises automatically, but registration makes enforcement much stronger. 

• Ownership isn’t always obvious — clarify with contracts and agreements. 

• Copyright lasts decades, protecting your creative and business assets well into the future. 

With this knowledge, you can better protect your creations and strengthen your business. Partnering with an attorney helps ensure you navigate copyright complexities the right way, turning your work into a secure and lasting asset.