Protect Your Idea with a Copyright
and Trademark

COPYRIGHT YOUR WORK
WHAT IS COPYRIGHT?

Copyright is a bundle of rights afforded to authors of "original works", such as sculptures (which includes figurines and plush toys). The exact nature and term of the rights vary from country to country, but generally, copyright gives its owner the exclusive right, inter alia, to reproduce the work for at least the lifetime of the author.

HOW IS COPYRIGHT CREATED?
The way in which copyright protection is secured is frequently misunderstood. Copyright in a work is secured automatically by law upon creation of the work; no publication or registration or other action is required to secure copyright. There are, however, certain definite advantages to registration.

ADVANTAGES TO COPYRIGHT REGISTRATION
The advantages to copyright registration depend upon the country in question.

In the United States, the benefits are strong;

- Registration will establish prima facie evidence (From the Latin: "From first view"; not requiring further support to establish existence, credibility, or validity) in court of the validity of the copyright and of the facts stated in the certificate, only if made before or within 5 years of publication

- If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner "

- Registration allows the owner of the copyright to record the registration with the United States Customs Service for protection against the importation of infringing copiesWhat is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.

How can Binkley help ?
The first thing we will do is have each team member sign a "Work For Hire" document that states that any additions or improvements we make to your idea, belong to you. Sketch artists, graphic artists, and plush designers all have room for some creativity so you should include these new details in your copyright registration.

Along with this protection, you will also receive a creative path documenting who worked on your project and when. This will provide very powerful evidence for copyright registration on how, when and who created your idea.

We will then guide you on how you can register with the US Copyright office to protect your idea. You will register and pay for this yourself, since you want to be sure to maintain ownership. At the time this guide was written the fee to the US Copyright office was $ 45 US.

This service is included in our Ultimate Design package, which you can read about here. It has a $985 US value.