How to Secure a Copyright

Under the Copyright Act of 1976, copyright protection attaches automatically the moment an original work is fixed in a tangible form. Registration and copyright notice are no longer required for protection — but both still matter for enforcement.

If you are the creator of an original work, you may wonder how to secure a copyright for that work. Securing a copyright is surprisingly simple — so simple, in fact, that there is much misunderstanding around the question.

How to Secure a Copyright Automatically

As a result of the Copyright Act of 1976, copyright protection accrues automatically. You do not have to publish or register your work to receive protection.

Of course, as discussed elsewhere, there are significant advantages to registering your copyright — particularly when enforcing your rights against infringers. Still, protection accrues automatically as soon as a work is created.

A work is considered “created” as soon as it is fixed in a form that can be read or visually or audibly perceived. A work in progress generally obtains copyright protection as it is created; it does not have to be completed to obtain protection.

Publication

Under the earlier Copyright Act of 1909, publication with a notice of copyright was the key to obtaining protection. That is no longer the case. While publication no longer plays a critical role in securing a copyright, it still matters for the duration of copyright protection and for the mandatory deposit with the Library of Congress provision of the law.

Copyright Notice

A copyright notice — traditionally provided through the © symbol followed by the identity of the copyright owner and the year of first publication — was once a critical component of securing copyright protection. That, too, is no longer required. The notice still matters in practice, however, because its presence forecloses an “innocent infringement” defense in a copyright infringement suit.

While wondering how to secure a copyright may be a source of concern, the answer is reassuring: it generally happens automatically. The remaining steps — providing a copyright notice and registering your copyright — make your protections meaningfully easier to enforce.

Disclaimer: This post is for informational purposes only and is not legal advice. Copyright registration mechanics, deposit requirements, and the deadlines for statutory damages are highly fact-specific; consult a qualified intellectual-property attorney about your situation.

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