This handout is meant to provide basic FAQ related to copyright law for artists of any medium. Because we regularly help writers, visual artists, and others, we find these are the most commonly asked questions. The information in this handout is for informational purposes only and should not be considered legal advice. Because each individual’s situation is unique, please consult an attorney.

1. Legal services for technology-based companies
Copyright FAQs
Do I need to register the copyright in my What is not protected by copyright?
work? Ideas that are not fixed to a “tangible medium of
Technically speaking, no. The law protects your expression”—this means if you have an idea for a
work as soon as it is created and fixed in a work, don’t just tell people, write it down, sketch
“tangible medium of expression.” This means as it out, etc. so that it is protected. Specifically,
soon as you put the idea down on paper it is business names, trade names, an individual’s
usually protected. However, there are certain name, any inventions, or secret ingredients are
legal benefits of registering your work. not protected by copyright. However, these items
may be protected under trademark or patent law
Why should I register my copyright? or as a trade secret.
1. Certain legal remedies are only allowed
when you have a valid copyright What does “public domain” mean?
registration. Something is in the “public domain” if:
2. If someone is infringing your work it is 1. It is no longer eligible for copyright
easier to protection, or
3. prove your ownership of the work by 2. It failed to meet the initial requirements
producing the registration certificate. for copyright protection.
4. It can make licensing your work easier. This means that others may freely use the work
5. It is only $35 if you file via without permission from the creator. You can
www.copyright.gov. search the Copyright Office’s database to
determine if a work is registered at
How long does copyright last? www.copyright.gov/records/. However, when in
Generally, if the work is created after January 1, doubt, do not assume something is in the public
1978, protection lasts for the life of the author domain.
plus an additional 70 years. If a work is done
anonymously, under a pseudonym, or as a “work Can I get an international copyright?
made for hire” there are differing lengths of There is no such thing as an international
protection. copyright. The level of protection that a work
will receive in a foreign country is determined
What is protected by copyright? by the United States’ agreement with that nation
Any creative work, including visual artwork, through certain intentional arrangements, such as
such as paintings and sketches; musical works, the Berne Convention. It is always important to
such as sheet music and lyrics; written works, determine the specific copyright law of the
such as books and poems; physical works, such nation you are seeking protection in by visiting
as unique architectural designs and sculptures; www.copyright.gov/laws/ and clicking on
and computer based works, such as websites and “international copyright relations.”
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.
_____________________________________________________________________________________
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

2. Legal services for technology-based companies
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.
_____________________________________________________________________________________
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