Who is a copyright owner?

A copyright owner is anyone who creates an original work and fixes it in a tangible form, such as taking a photograph, writing a poem or blog, or recording a new song. In such instances, the creator becomes both the author and the owner of the copyright.

Moreover, companies, organizations, and other individuals besides the work’s creator can also hold copyright ownership. Copyright law recognizes ownership through “works made for hire,” which stipulates that works created by an employee within the scope of their employment belong to the employer. This doctrine extends to certain independent contractor arrangements and specific types of commissioned works.

Additionally, copyright ownership can arise from contracts like assignments or through other forms of transfer such as wills and bequests.

How long does copyright protection last?

The duration of copyright protection varies depending on the date of creation of the work. Under current law, works created on or after January 1, 1978, are protected for the life of the author plus seventy years after the author’s death. For joint works, the protection lasts for seventy years after the death of the last surviving author. In the case of works made for hire and anonymous or pseudonymous works, copyright protection extends for 95 years from publication or 120 years from creation, whichever is shorter.

Works created before 1978 follow a different timeframe. More information about the duration of copyright can be found in our “Duration of Copyrights Circular.”

What is copyright registration?

Copyright registration is the process of formally recording a copyright claim with the Copyright Office. While copyright protection automatically applies to original works of authorship once they are fixed in a tangible form, registering a work provides additional legal benefits and protections.

Although copyright registration is not mandatory, it is essential for enforcing the exclusive rights of copyright through litigation in the United States. Timely registration enables copyright owners to pursue certain types of monetary damages and attorney fees in case of legal disputes, and it establishes a presumption that the information on the registration certificate is accurate.

Moreover, copyright registration serves the public interest by facilitating the licensing marketplace, enabling individuals to locate copyright ownership information, and providing notice to the public that someone is claiming copyright protection for a particular work. Additionally, it creates a historical record of the creative endeavors within the nation.