Copyright protection covers intellectual property such as articles and artwork, but not general concepts or short names. Protection is immediate under the Berne Convention, but registration is required to sue for infringement in the US. The cost of registration can be mitigated by registering unpublished works together. Protection in the US extends to other countries through treaties and organizations. Foreigners are also protected under US copyright law, but the country of first publication determines which copyright laws apply.
There are a lot of misconceptions about copyright protection, especially online. Copyright protection typically covers all intellectual property such as articles, stories, and artwork. General concepts or ideas cannot be copyrighted and phrases, slogans or very short names must be registered as trademarks to be protected.
Under the Berne Convention, copyright protection of intellectual property is immediate, meaning that the creator does not need to register to protect artwork or writing, regardless of his nationality. Nor does work need to be published to earn this protection. However, to sue for copyright infringement in many countries, including the United States, the work will need to be registered. Failure to file therefore carries a risk, as it will be difficult to win a case if the other party seeks copyright protection first, even if you are the actual owner of the work.
To apply for copyright protection in the United States, the owner of the work will need to fill out a form, provide a non-returnable copy of the work, and pay a fee. In the United States, this fee is $35 US Dollars (USD) if the individual applies online and $45 USD if applying by mail. The cost of registration can be mitigated slightly by registering unpublished works together in a “collection”. For example, a writer might register all of his unpublished works together once a year, instead of registering them separately and paying the fee each time.
In general, those who enjoy copyright protection in the United States will also be protected in other countries. Treaties and organizations such as the World Intellectual Property Organization have been formed to ensure the protection of the intellectual property rights of people in other countries. All gentlemen or members agreed to recognize the rights of citizens of the other participating countries.
Additionally, individuals who are not US citizens may still be protected by US copyright law. For example, if a foreigner writes a story but doesn’t publish it, his rights are automatically protected within the United States. If the story is first published in the United States, US copyright law applies; but if the story is published first in another country, that country’s copyright laws apply. In the latter case, if the country has signed treaties with other countries on intellectual property rights, copyrights will be recognized in all countries that have signed the treaty.
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