There are several valuable types of intellectual property (IP) that businesses may want to protect. Companies that invest in professional branding may register a formal trademark that represents their brand to consumers.
Organizations may also have specific contractual terms and company policies in place to protect their trade secrets. Businesses can even prosecute patents to protect new product ideas and creative manufacturing solutions. Copyright protection can also be valuable for businesses. Companies may pay professionals to create original jingles, write marketing copy or produce works of fine art for the business. Others may attempt to duplicate or monetize those original creations.
Does a business that purchased or created copyrighted materials need to formally register a copyright to protect original works?
Formal registration isn’t always necessary
Submitting original creative works to the United States Copyright Office can provide formal copyright protection. The business has a clear record of its interest in the copyrighted work, which makes future enforcement simpler.
However, copyright protections in general apply to creative works even when businesses do not register them with the U.S. Copyright Office at the time of creation or publication. Businesses and creative professionals have copyright protection that begins on the initial date of publication.
Releasing a creative work as part of a marketing blitz on social media or publishing it as a work for sale to the public creates copyright protection. The creator or owner of the original work can then hold other parties accountable for monetizing or inappropriately distributing the protected work. Particularly in scenarios where the use by one party damages a company’s brand or ability to monetize the work in the future, copyright enforcement litigation may be necessary.
Registration can help with enforcement
While formal registration is not necessary to have legal copyright protection, registration is beneficial during intellectual property enforcement efforts. Companies seeking to hold an infringing party accountable for misusing copyrighted images, songs or other creative works often seek formal registration at the same time that they send a cease and desist letter to the infringing party.
Organizations seeking to protect original creations or enforce copyright protection after infringement often need help with that process. Getting support as soon as possible can help limit the damage done by copyright infringement.