Copyrights are extremely important for one’s business. This is obvious if the business is involved in the creation of art, films, music, software, architecture and the like. It is less obvious that copyright protection can apply to marketing materials, websites, internal policies and procedures, and many other business documents. To understand what a copyright is, one only has to look back to the Founding Fathers and the Constitution. Article I, Section 8, Clause 8 of the United States Constitution grants Congress the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Because this clause is the source of Congress’s power to enact legislation governing copyrights and patents, it is often referred to as the “patent and copyright clause.” What copyrights don’t protect are facts, ideas, systems or methods of operation. Circular 1, Copyright Basics, which can be found on copyright.gov, has a section on “What Works Are Protected.”
This is in contrast to trademark, which is used to protect words, phrases, symbols or designs identifying the source of the goods or services of one party and distinguishing them from those of others. As noted in a previous article, there are other significant differences between copyrights and trademarks, and the business owner needs to understand them.
Copyright protection can cover both published and unpublished works and is created from the moment the work is “fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.” If you wish to bring a lawsuit for infringement of a U.S. work, it will have to be registered. Again, the U.S. Copyright Office’s website, copyright.gov, outlines how to accomplish this in Circular 1, Copyright Basics, section “Copyright Registration.”
While registration is voluntary, it is recommended that businesses register their work for a variety of reasons. One of the more important reasons to register is to have the facts of their copyright recorded in the public record. After accepted, a certificate of registration will be issued. If there is a belief that the copyright is being violated, registration is mandatory to litigate and be eligible for statutory damages and attorney’s fees if successful.
It is important that businesses consider all aspects of their intellectual property portfolio. These include trademarks, trade secrets, patents as well as copyrights. A well thought-out strategy and execution can build considerable value for the business as well as giving the business a “competitive edge.” And while ultimately the business should obtain expert legal counsel, the AZ Small Business Development Center, located at Yavapai College can assist the business owner in exploring and developing this strategy.
The YC Small Business Development Center is located on the Prescott Campus, Bldg. 29, please contact 928-776-2008 or see yc.edu/sbdc for more information. QCBN
By Kurt Haskell
Kurt Haskell is the director of the Yavapai College Small Business Development Center.
