How Do I Obtain a Copyright?

The three copyright questions we receive more than any others are: (1) how do I obtain a copyright? (2) how does copyright work? and (3) how do I get copyright permission?

Over the next three days we will answer all three.

How do I obtain a copyright?

The minute you create a creative work — whether it’s a book, illustration, poem, video, song, photograph, video game, software, or any other work that falls within the scope of copyright protection — your work is protected under U.S. copyright law. In fact, not only are you protected in the United States but you are also protected throughout the world.

You do not need to do anything else. Protection is automatic.

Don’t I have to put a copyright notice on the work?

No

Don’t I have to mail a copy of my creative work to myself?

No

Don’t I have to apply for a copyright with the U.S. Copyright Office?

No

But my friend just spent years applying for a patent with the U.S. Patent and Trademark Office. And I have another friend who owns a business who spent months getting a trademark with that same Office. Is it really possible that you must apply to the government for a patent or trademark, but not a copyright?

Yes. If someone wants to obtain a patent or (in most cases) a trademark, they need to apply to the U.S Patent and Trademark Office. But that’s not true for copyrights.

Why is the process different for copyright than it is for patents and trademarks?

The United States belongs to an international treaty that prevents the U.S. from imposing formalities as an obstacle to copyright protection. Formalities, like copyright registration and copyright notice, are prohibited under this treaty as a gateway to protection. In anticipation of joining this treaty, Congress removed copyright registration as a requirement in the 70s and then when the U.S. eventually joined the treaty in the 80s copyright notice was also removed as a requirement.