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Creation of the Work :Create an original work of authorship, whether it's a literary work, artistic creation, musical composition, or other creative expression.
Documentation and Recordkeeping :Document the creation of the work and maintain detailed records, including drafts, sketches, and other evidence of authorship and creation.
Copyright Application Form :Complete the prescribed copyright application form provided by the copyright office or authority. Include details such as the title of the work, authorship information, and a description of the work.
Deposit of Copies :Submit copies or samples of the work along with the copyright application. The number of copies required and the format may vary depending on the nature of the work and the requirements of the copyright office.
Payment of Fees :Pay the prescribed copyright registration fees and provide proof of payment along with the application.
Review and Processing :The copyright office will review the application and supporting materials to ensure compliance with legal requirements. This may include a review of the originality and creativity of the work.
Issuance of Certificate :Upon successful review and processing, the copyright office will issue a copyright registration certificate, confirming the registration of the work and establishing the creator's rights.
Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.
Exhaustive lists of works covered by copyright are usually not to be found in legislation. Nonetheless, broadly speaking, works commonly protected by copyright throughout the world include:
In the majority of countries, and according to the Berne Convention, copyright protection is obtained automatically without the need for registration or other formalities.
Most countries nonetheless have a system in place to allow for the voluntary registration of works. Such voluntary registrations systems can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales, and the assignment and/or transfer of rights.
In the past, some countries had legislation in place that required the copyright holder to comply with certain formalities in order to receive copyright protection. One of those formalities was to include an indication that copyright had been claimed, such as by using the symbol ©. Currently, very few countries still impose formalities on copyright; therefore the use of such symbols is no longer a legal requirement. Nonetheless, many right owners still include the symbol © as a highly visible way to emphasize that that work is protected by copyright and that all rights are reserved, as opposed to a less restrictive license.
Once you are the right owner of a work, you can provide authorization for others to use or exploit your work. Such authorizations are commonly referred to as “licenses” and may or may not entail paying the rights owner. Naturally, it is always recommended to seek expert legal advice before negotiating a licensing agreement.
If you wish to license your work to users such as broadcasters, publishers, or even entertainment establishments (i.e. bars, nightclubs), joining a collective management organization (CMO) may be a good option. CMOs monitor uses of works on behalf of creators and publishers and are in charge of negotiating licenses and collecting remuneration. They are particularly common in the field of musical and literary works where there may be a large number of users of the same work and it would be difficult both for the owner of rights and the users to seek specific authorization for every single use and to monitor them.
There is no searchable international registry of copyright-protected works. This is because, as a general rule, copyright protection is automatic and does not depend on registration. In some countries, however you may encounter a voluntary copyright registry/depository and registering your work can be a smart choice as it would considerably assist you in the case of a dispute, for example over the ownership of the work.
In general you always need authorization (this may take the form of licensing or an assignment of rights) before using a protected work. For certain uses, the authorization may come from a collective management organization instead of directly from the right owner, for example the authorization to use a song at a public concert. You may be allowed to use a protected work without any kind of authorization under two sets of circumstances:
You are in doubt; it is always advisable to speak to an intellectual property attorney.