How is a copyright created?

A creative work is protected by copyright the moment the work assumes a tangible
form—which in copyright circles is referred to as “fixed in a tangible medium of
expression.” Contrary to popular belief, providing a copyright notice and/or registering
the work with the U.S. Copyright Office are not necessary to obtain basic
copyright protection. But there are some steps that can be taken to enhance the
creator’s chances for success if he or she turns to the courts to enforce a copyright:

• Place a copyright notice on a published work. The copyright notice, or
“copyright bug” as it is sometimes called, commonly appears in this form:
“© (year of publication) (author or other basic copyright owner).” By
placing this notice on a work that is published (distributed to the public
without restriction), the author prevents others from copying the work without
permission and claiming that they did not know that the work was
covered by copyright. This can be important if the author is forced to file a
lawsuit to enforce the copyright, since it is much easier to recover significant
money damages from a deliberate (as opposed to innocent) copyright
infringer.

• Register works with the U.S. Copyright Office. Timely registration of the
copyright with the U.S. Copyright Office—that is, registration within three
months of the work’s publication date, or before the infringement actually
begins—makes it much easier to sue and recover from an infringer. Specifically,
timely registration creates a legal presumption that the copyright is
valid and allows the copyright owner to recover up to $150,000 (and possibly
attorney fees) without proving any actual monetary harm. Registration
is accomplished by filing a simple form and depositing one or two samples
of the work (depending on what it is) with the U.S. Copyright Office. The
U.S. Copyright Office registration currently costs $30 for each work.
(Sample registration forms are provided later in this part.)