By Marc J. Randazza and J. Malcom DeVoy
YNOT – Under U.S. copyright law, anyone who creates something — text, photo or video — owns the copyright to that creation. For a creator to sue for copyright infringement and protect his or her rights in the creation, though, it must be registered with the U.S. Copyright Office. This is not a particularly difficult or complex process; I train my clients to do it themselves. Once they know how to register copyrights with the Copyright Office, protection is only $35 away.
One idea that harkens back to a simpler time is the “message in a bottle” model of copyright — some call it the “poor man’s copyright.” Within this model of copyright protection, a content producer will mail himself or herself the work in a sealed envelope, and open it only in the event of a dispute. Some people think this is good enough. I even admit that this method can be effective from a public relations standpoint, with a dramatic opening of a sealed envelope. But this is an ineffective way to protect intellectual property.
Let’s face it: Most copyright infringement disputes in the porn industry have nothing to do with two directors arguing over who owns a film. More often, disputes are between the content producer and a thief. In that overwhelmingly common scenario, even getting into court will require a copyright registration (or at least a pending one).
Registration with the U.S. Copyright Office requires a copy of your creation be filed. Keeping your idea in an envelope prevents it from being registered and entitling you to legal protection.
Individual, subjective knowledge of who created a work barely matters in Ccopyright law, and in many cases it is irrelevant. When the cost of proper registration is so low — just $35 — it likely takes more money in lost time and resources to take the “message in a bottle” route.
Registering the copyright for original works may be done online using digital copies and the Copyright Office’s online registration tool. Fees can be paid directly to the Copyright Office this way, at $35 per registration. Information needed for registration includes the identity of the creator (and copyright holder), date of creation, name of creation and a brief description. This copyright registration can apply to video and photo compilations — not just individual works — allowing many creations made within one year to be covered under one copyright.
Other paper-based options are available. Traditionally, different forms have been used to register literary works, visual arts works, performing arts works and motion pictures, sound recordings and single serials. Each of these forms indicates the particular information needed to register the copyright for that work, and the filing fee is $45. Form CO, however, can replace all of these forms in order to expedite the registration process, and it can be filed for $50.
Rather than mailing yourself a letter, an investment of $35 can protect thousands of photos and hours of video. This registration will give you the standing to sue for infringement that a letter cannot. Paying for this protection is the mark of a sophisticated business that is serious about protecting its intellectual property, rather than relying on the legal equivalent of an old wives’ tale about copyright law. In light of how inexpensive proper protection is, there is little excuse not to use it.
Marc Randazza and Malcom DeVoy are partners with the Randazza Legal Group, a law practice specializing in First Amendment issues, copyright and trademark protection, defamation, domain-name disputes and employment matters. The firm maintains offices in California, Florida, Nevada and Ontario.
