📌 Do I Have to File a Copyright?
If you’ve created an original work, like a photo, song, blog post, video, or piece of artwork, you may be wondering:
“Do I need to file something to get a copyright?”
The short answer is: no, you don’t have to file a copyright to be protected. But the full story is a bit more nuanced and if you care about enforcing your rights or suing someone who stole your work, filing might be absolutely necessary.
Let’s break it down.
✅ Is Copyright Automatic?
Yes, under U.S. law, copyright protection is automatic the moment an original work is fixed in a tangible medium of expression. That includes:
- Saving a photo on your phone
- Posting a video on YouTube
- Writing a blog post or screenplay
- Recording a song or uploading beats online
You do not have to file anything with the U.S. Copyright Office for these rights to technically exist.
BUT…
⚠️ Why You Still Might Want to File a Copyright
While your rights exist automatically, you cannot enforce them in court unless you’ve registered the copyright with the U.S. Copyright Office.
Here’s why filing is important:
1. You can’t sue for infringement unless you file.
If someone steals your work, uploads your song, uses your photo in an ad, sells your artwork, you can’t take legal action unless you’ve registered first.
2. You may be entitled to more money.
If you register within 3 months of publication (or before the infringement happens), you may qualify for:
- Statutory damages (up to $150,000 per work)
- Attorney’s fees
Without registration, you’re limited to proving actual damages which are often difficult and low-dollar.
3. It creates a public record of ownership.
A filed copyright proves when you created the work and that you’re the rightful owner. Which is very helpful in disputes or licensing deals.
🚫 The “Poor Man’s Copyright” Is a Myth
You might’ve heard of this idea: mailing yourself a copy of your work and using the postmark as proof of ownership.
This does not hold up in court. It’s not a substitute for registering with the U.S. Copyright Office, and judges won’t rely on it to grant damages or enforce your rights.
💡 When Should You File a Copyright?
If any of the following apply, you should strongly consider filing:
- You’re publishing or distributing your work publicly
- You’re licensing or selling your work
- You’re earning income from your creations
- You want to prevent others from using your work without permission
- You want the option to enforce your rights in court if needed
📝 How to File a Copyright
While you can technically file a copyright application yourself, many creators find the process confusing or time-consuming, especially when registering multiple works.
At Landry Legal, we help creators, entrepreneurs, and businesses:
- Properly register their copyrights
- Respond to infringement
- Protect their intellectual property with minimal hassle
📞 Need Help? Let’s Protect Your Work.
If you’re serious about protecting your creations, don’t wait for someone to steal your work before taking action.
Call 888-914-0011 or email us at contact@landrypllc.com to speak with an attorney about copyright registration.
