Copyright FAQs

No. Copyright exists automatically once a work is created and fixed in a tangible form. However, registration with the United States Copyright Office is required to enforce a copyright and to have the ability to sue for damages. Statutory damages and attorney’s fees are obtainable if the copyright application is filed prior to infringement or within 90 days of publication. 

Copyright protection requires a human author. Works solely generated by AI are not eligible for copyright registration. However, content created by a human using AI as a tool can be copyrightable if the human’s creative contribution is substantial.  

Copyright protection is automatic upon creation and fixation of the work in a tangible form. However, registering the work with the U.S. Copyright Office is required to sue for copyright infringement.  Depending when you file for your copyright registration may determine the type of damages you may be entitled to, statutory or actual damages, and whether you are entitled to an award of attorney’s fees.  

Not necessarily. Giving credit doesn’t replace the need to get permission unless your use qualifies as “fair use” or falls under another exception.

Fair use allows limited use of copyrighted material without permission for purposes such as: 

• Criticism or commentary 

• News reporting 

• Teaching 

• Research 

• Parody 

Factors include how much you use, the purpose, and the effect on the original work’s value. For example, educational use may qualify as fair use, but non-profit status alone does not guarantee exemption. 

Copyright infringement is unauthorized use, reproduction, or distribution of copyrighted material without permission from the rights holder.

To avoid infringement, always seek permission before using someone else’s work, use works in the public domain, or ensure your use qualifies as fair use. This includes seeking permission even in posting material online, including social media. 

Generally, for works created after 1978, the life of the author plus 70 years (U.S.) or shorter terms for anonymous/corporate works. For joint works, it’s 70 years after the last surviving author’s death. For anonymous, pseudonymous, or works made for hire, the term is 95 years from publication or 120 years from creation, whichever comes first. Works created before 1978 have different timeframes. 

Obtain permissions, use public domain works, or ensure compliance with fair use guidelines.

• Copyright: Protects original creative works. 

• Trademark: Protects brand identifiers (names, logos, colors, sound and design features)  

• Patent: Protects inventions, processes and ornamental designs 

• Only with permission, under fair use, or via licensed platforms.   However, if your use is for commercial purposes, ensure that your use adheres to  licensed platform’s terms and conditions.   For example, a platform that provides for license-free use, determine whether this license is limited to only personal, non-commercial use or includes commercial use.  Also, make a copy of the platform you obtain copyrighted music/images and the terms and conditions at t he time you obtain a license.  

Damages can be calculated as either actual damages and profits, or through statutory damages. Statutory damages offer a predefined range, while actual damages require proving specific financial losses. Willful infringement can lead to increased statutory damages, while innocent infringement can reduce them. If infringement occurs after filing for copyright registration within 90 days of publication, provided that filing for registration also occurs during the 90 days, the copyright owner may elect between actual damages or statutory damages. Statutory damages may be up to $150,000 per work and attorney’s fees. Injunctions are also possible.  

No, you cannot copyright names or titles.  Obtaining a trademark may be possible.   

A poor man’s copyright is considered when you mail a work to yourself.  Poor man’s copyright holds no legal weight.