What is copyright?
Copyright, as defined by United States Copyright Law, pertains to “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”
This definition implies that any work, whether published or unpublished, that you produce is eligible for copyright protection. This protection encompasses a wide range of creations, including artistic, dramatic, literary, and musical works. Therefore, you have the ability to copyright novels, songs, computer programs or software, poetry, movies, and architectural designs.
Securing a copyright grants you exclusive rights over your creation and serves as a safeguard against infringement.
What does copyright infringement means?
If you’ve authored a book and register it with the US Copyright Office, you exclusively hold the rights to it. Others must obtain your explicit consent to publish it, adapt it into a movie, or use excerpts for their own creations.
In the event of unauthorized use, you can pursue legal action for copyright infringement in federal court, but only if the work is registered.
Generally, copyright protection automatically applies to original works if you can demonstrate your authorship, typically through tangible forms like manuscripts or videos. However, it’s important to note that while registration isn’t obligatory, copyright law mandates registration for initiating a copyright lawsuit.
There are two primary forms of copyright infringement:
- Direct infringement: This occurs when someone uses your work without permission, making it relatively straightforward to prove in court.
- Secondary infringement: This involves facilitating or enabling the infringement, such as providing a platform for the unauthorized use. Establishing liability for secondary infringement can be more complex.
Is it worthwhile to pursue a copyright lawsuit?
As the copyright owner, only you can determine if pursuing a copyright lawsuit is worthwhile. Copyright laws aim to safeguard your creative works from exploitation. If you believe your work has been misused, you must assess the extent of the damage caused.
If you perceive the damage as minor or the infringement as unintentional, you may opt to negotiate an agreement or settlement with the alleged infringer. Filing a lawsuit demands considerable time, effort, and resources, so it’s prudent to pursue legal action only if the damages or infringement are substantial or if you have a strong legal case.
