Pablo Picasso famously once said, "Good artists copy, great artists steal!" While he undoubtedly meant that great artists are those who best build on the works of their predecessors and peers, his words raise an important legal issue about protecting the intellectual property rights of those who dream of and create art, music, and literature. One of the most common inquiries I receive from local artists and writers is, "How do I protect my intellectual property, so that I can financially benefit from it (or prevent others from stealing my ideas or work for their own unlawful financial benefit)?" In truth, it's not an easy question, and it really depends on the type or nature of the property being protected.
In the United States, a system of protections was specifically created to encourage artistic expression by granting exclusive use and the sole right to "copy", and distribute such works publicly for commercial gain. Thus was born the "Copyright". A specific government office was given oversight of this license through the registration and archive of such materials, the U.S. Copyright Office.
In the past, if someone wanted to protect a musical composition or the lyrics for a song, for instance, they would often mail themselves a copy in a sealed, postmarked envelope, thinking that it will be a useful (and cheap) alternative to copyright protection. In fact, this option was widely used for many types of intellectual property and was commonly referred to as a "Poor Man's Copyright". However, it isn't the best option anymore, since anyone can manipulate such evidence these days with a computer and a good printer.
With the reforms of the U.S. Copyright Act in 1976 and afterward, Copyright protections in the United State have significantly improved, keeping pace with technological advancement and new forms of intellectual expression. These days, it is usually best that if you think you have something commercially valuable to protect, your best option is to register your work with the Copyright Office.
Musical compositions and lyrics can be registered and protected by following the directions listed here: http://copyright.gov/circs/circ56a.pdf
Artists or creators of "visual" artwork and/or publications would need to register their work for protection using these directions: http://www.copyright.gov/circs/circ40.pdf
Still other circulars for various works and the directions for registering them can be found here: http://copyright.gov/circs/
Fees for these registrations occasionally change, but can generally be found here: http://copyright.gov/circs/circ04.pdf and are generally pretty affordable, considering the potential loss or benefit.
If you think you have a marketable item of intellectual property to protect, the registration fees can represent a good investment in protecting your work from exploitation.
Ultimately, copyright protection is invaluable in preserving your economic rights and preventing others from unlawfully benefiting from your creativity. If you need help navigating this process or simply want a professional to handle things for you, then contacting a reputable attorney experienced in processing Copyright applications will be your first step.
Good luck, and keep those creative juices flowing!
Disclaimer: This post is meant for informational purposes only and should not be construed as legal advice within the bounds of a professional relationship, and does not create an attorney-client relationship. It is always best to seek counsel with a competent attorney licensed in your state, experienced in your area of issue, and fully informed about the facts of your case.
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