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IS THE NEW 

BLACK

VIRTUAL

FAQ

We get a lot of different types of questions regarding Copyright.  So, we compiled a list of our most frequently asked questions below.  If you do not see your question, please email us at admin@icopyrightassistant.com and we will answer your question(s).  

Disclaimer: We are legal assistants and paralegals who have worked in some of the top law firms in the country.  We are not attorneys.  The contents of this page should not be construed as legal advice.  If you have any questions of a legal nature, consult an attorney. 

ICopyright Assistant
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Can I find out what is happening with my registration?

Of course.  We will provide you an update on the progress of your Copyright Application.  However, there will be an 8 month wait on the first progress report, as the Copyright Office is typically unable to provide a review before that time.  However, we will check the automated library every three (3) months, just in case something has changed.  Some good news is that your Copyright registration is effective on the day the Copyright Office receives the appropriate form, copy or copies of the work, and the filing fee.   So having the actual registration is not necessary to be protected.

If it is imperative that you have this information sooner, we can request an in-process search.  This will entail an appropriate search fee and our hourly fee. 

What is copyright?

Copyright is a type of protection which gives its author control of who copies, distributes or uses in any way, their originally created works, which has been fixed in a tangible medium of expression.  It covers both published and unpublished works.

How do I register my copyright?

Please go here and select the type of copyright application you would like us to file for you.  If you are not sure which one to use, fill out our general form.

Do I have to live in the U.S. to hire iCopyrightAssistant?

You can live anywhere in the world, and we can help you.  If we are not able, we will search our database and refer you to a reputable service or attorney.  Since we are a virtual company, as long as you have access to the internet, you can become a client.   

What does copyright protect?

As a part of intellectual property, copyright protects original works of authorship which include literature, music, art work, novels, movies, songs, computer software and architecture.  Copyright cannot protect your idea, system or method of operation.  It can protect your expression of the idea, system or method of operation, but not the idea itself.

Can you file my application online?

Yes.  We have an online eCO eService account with the U.S. Copyright Office and will use our Deposit Account to pay any fees associated with filing your application(s).  Although, in some cases, if the work at issue is in a form of hard copy, we may have to send it to the Copyright Office via Courier.  We are just 30 minutes away from the Copyright Office and as long as we receive the deposit materials by 12 noon (and all other parts of your application have been completed) we can file it that same day.

How is a copyright different from a patent or a trademark?

A patent protects inventions or discoveries, which are not protected under copyright.  However, again, the distinct way the invention or discovery is expressed by you may be protected.  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.  In particular, short phrases are not protected by copyright.  Copyright can protect a design.  Fill out our General Form so we can get started.

When is my work protected?

It is immediately protected by copyright once the work is in a tangible form, through artistic expression, writing on paper, created on a computer, carved in wood, or rock.  We think you get the point.  

What is the effective date of registration when you file my copyright application?

The Effective Date of Registration is when the Copyright Offices receives the application and the deposit materials.  If an application is filed electronically and the deposit materials are filed through the mail or via courier, the Effective Date of Registration will be when the deposit materials are received.  We have an online eCO eService account with the U.S. Copyright Office and will use our Deposit Account to pay any fees associated with filing your application(s).  We can upload authorized deposits via this method as well.  Although, even if we register online, if the Library of Congress requires a hard-copy deposit of your work, you must send what the Library defines as the "best edition" of your work.  For further information, see Circular 7b, Best Edition of Published Copyrighted Works for the Collection of the Library of Congress, and Circular 7d, Mandatory Deposit of Copies or Phone records for the Library of Congress.

If the work at issue does not qualify for electronic filing, we are just 30 minutes away from the Copyright Office and as long as we receive the deposit materials by 12 noon (and all other parts of your application have been completed appropriately) we can file it that same day.  Fill out the appropriate Form here, or our General Form right away so we can get you the earliest effective date possible.

Do you have to register with the U.S. Copyright Office to be protected?

No.  Copyright registration is really a choice.  You are protected the moment the work is created.  However, most states require you to have a Copyright Registration in place if you would like to file a lawsuit against someone for infringement.  

Why should I register my work if copyright protection is automatic?

Having a registration in place before an infringement can give you more remedies for relief than if you did not have one.  Registered works may be eligible for statutory damages and attorney’s fees if you are successful through litigation.  See page 7 of the Copyright Basics Circular here and Circular 38b regarding prima facie evidence when a registration was received within five years of publication.

Is the Poor Man’s Copyright a myth?

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 copyright law regarding any such type of protection, and it is not a substitute for registration.

May I register more than one work on the same application?

Yes.  However, the works must be unpublished and they can be filed as a collection on one application, with one title for the entire collection if the deposit materials qualify.  Published works can only be registered as a collection when if they were first published as a collection.  There are also other requirements which we can discuss with you.  Go here and fill out the appropriate form, or fill out our General Form so we may determine if your works are published or not.  The upside of filing as a collection is that you only pay one fee.  

Can I copyright my website?

The content of a website can be copyright protected.  If you have original literature, artwork, photographs or other forms of authorship, you are in good shape.  We can also protect the look and feel of your website by adding “compilation” to your application.  Fill out our Form VA information sheet here (link to form) so that we may begin to help you.  Also, it is good to register the code associated with the website.  We recommend also filing a Form TX to do so.  Click here to fill out our information sheet for Form TX.

Can I copyright my recipe?

Unfortunately, a recipe is not typically copyrightable.  There are certain caveats to this, but if you have shown “literary expression” through explaining the recipe or directions, or even having put the recipes in a collection like a cookbook, there may be a basis for copyright protection.  We will do our best to get it registered.  Click here (link to form) to fill out our Form TX so we may help you.

What is the registration fee for filing an application?

See Circular 4 regarding U.S. Copyright Office filing fees.  You will pay this fee along with our one time processing fee.  See our fees here.  

Do we take credit cards?

Yes, if your application is filed electronically.  If we have to file a hard copy application, the copyright office window will also take a credit card.

Can I copyright a name, title, slogan or logo?

See Circular 34 for more information on this question.  However, copyright protection may be available for logo artwork that contains sufficient authorship.  This same logo can also be protected by trademark.  Check out the U.S. Patent and Trademark Office website or email them at TrademarkAssistanceCenter@uspto.gov with your questions.  Be notified when our iTrademarkAssistant division opens up by adding your name to our contact list (links to landing page), We will be able to help you with all of your trademark needs in the near future. 

Can I protect my idea?

Ideas are not protected by copyright, only your expression of the idea.  Nor does copyright protect concepts, systems, or methods of doing something.  If you can express your idea in writing or drawings we may be able to help you.  Click here to fill our General Form so we may see what’s on your mind.

Does Copyright protect architecture?

Yes.  The U.S. Copyright Office rules for Architectural works is as follows “Architectural works became subject to copyright protection on December 1, 1990. The copyright law defines “architectural work” as “the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings.” Copyright protection extends to any architectural work created on or after December 1, 1990. Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection. See Circular 41, Copyright Claims in Architectural Works” (Retrieved from www.copyright.gov).  You can only use one application for each “type” of registration.  For example, you can register a set of plans as an architectural work and also as a technical drawing. Each type of work requires a separate form and application. Fill out our Architect Copyright Form (link to form) and we will be in touch with you to discuss it.

What is a mandatory deposit?

Copies of all works under copyright protection that have been published in the United States are required to be deposited with the Copyright Office within three months of the date of first publication. A deposit is usually one copy (if unpublished) or two copies (if published) of the work to be registered for copyright. In certain cases such as works of the visual arts, identifying material such as a photograph may be used instead. The deposit is sent with the application and fee and becomes the property of the Library of Congress.

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