When To Copyright
Since you already have copyright protection simply as a result of having created a qualifying work, the real question becomes “when should I register my work,” and herein lies the challenge. As noted earlier, registering a copyright is not a trivial task, yet at the same time it’s also not a very difficult task. It simply takes a little time and a little money. For some reason, registering a copyright is commonly understood to be the “right” thing to do, yet few actually invest the time and money to do it. We believe this is the result of a number of realities:
- Inertia, it takes time and money;
- Work is dynamic, so the question becomes “when is it done and ‘ready’ to be registered” (i.e. it’s in final form and won’t be changed);
- If you create a great deal of written or artistic work it may be cost prohibitive to simply adopt a strategy of registering all of your work. Like any business, you have to make cost/benefit decisions about when to register; and
- Not sure it yields sufficient value beyond normal copyright protection. The section “Ideas on protection strategies” may offer some thoughts as to when you should register your work and more importantly how you can protect your work prior to a formal registration. However, nothing can replace the advice and counsel of your attorney who can review your specific situation and guide you accordingly. Some general guidelines to consider:
- When in doubt, seek the advice of counsel;
- When your work is final and is going to be published, register;
- When your work is going to be disseminated to a large number of people or venues, register;
- If you need to file a lawsuit, register your work (it’s a requirement at this point); and
- Consult your attorney with any questions or to seek advice.
The real question when it comes to copyrights is whether you can prove what you wrote and when you wrote it. The fact is, if you can prove what you wrote and when you wrote it you have copyright protection.
