Intellectual Property Protection and Enforcement Manual - Ipr-policy.eu

Copyrights
Copyright protects original literary and artistic expression that is fixed in a tangible form. It exists
automatically when an original work entitled to copyright protection is created. Under basic copyright
law, a work is “created” when it is fixed in a tangible medium of expression for the first time. 14
Although displaying a copyright notice on goods is no longer required under U.S. law, providing
proper notice on the packaging of the goods themselves is beneficial. It puts the public on notice
that the work is protected by a copyright, identifies the copyright owner, and shows the year of
first publication. Importantly, a defendant in a copyright infringement suit shown to have access to
works published with the proper notice of copyright may be prevented from claiming the status of
an “innocent infringer” in an attempt to mitigate actual or statutory damages. Copyright owners can
provide notice of their rights by using the © symbol, or word Copyright, accompanied by the year of
first publication and the name of the owner. 15
The term of copyright protection varies depending on when the work was created. For works created
after January 1, 1978, for example, the term is the author’s lifetime plus 70 years. If the work is
anonymous or made for hire, the term is the earlier of 95 years from publication or 120 years
from creation. 16
Registration
Registration of copyright in the U.S. Copyright Office is a legal formality intended to make a public
record of a given copyright. As with trademarks, registering the copyright with the Copyright Office
provides several advantages, including the ability to (1) bring an action concerning the copyright
in federal court (in fact, a copyright registration is a prerequisite to filing an infringement action);
(2) recover statutory damages and attorneys’ fees in an infringement action; (3) constitute prima
facie evidence of validity; and (4) record the U.S. registration with CBP to prevent importation of
counterfeit or pirated foreign goods. 17
To register a copyright in a work, the applicant must send to the U.S. Copyright Office: (1) a
properly completed application form (http://www.copyright.gov); (2) a nonrefundable filing fee for
each application; and (3) a nonreturnable sample of the work being registered. 18
Examination Process
The examination process for copyrights is not as rigorous as the examination process for trademarks.
The time needed to process an application varies depending on the amount of material the
Copyright Office is receiving. If the applicant’s submission is in order, an applicant filing a paper
submission can generally expect to receive a certificate of registration within approximately eight
months of submission. Applicants filing online will receive their certificates faster. In the event that
the Copyright Office refuses to register the copyright for the work, the applicant will have two
opportunities to request reconsideration of the determination. 19
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