Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 22, Issue 24
Share on Social

The Benefits of Copyright Registration
Recently, we filed an application to register the copyright for Finny the Fish. In the United States, and in many other countries, copyright protection arises at the moment a work is fixed in tangible medium. This means, for example, that you have rights as soon as you write a poem with a pen on paper, save a typed letter to your computer hard drive, record a song on tape, paint on canvas, sculpt in marble, or snap a photograph on your mobile phone. A work is protected by copyright automatically: one need not file for protection with the government to protect a work. So, why would we take the extra step to register Finny’s copyright?
Copyright registration is optional, but it provides several key benefits. For example, for US works, you must have a registration to bring an infringement lawsuit in federal court. Timely registration (meaning within three months of first publication or before infringement) confers additional benefits in infringement lawsuits like the right to receive statutory damages ($750-$30,000 per work and up to $150,000 per work willfully infringed), attorneys’ fees, and litigation costs. The availability of statutory damages can be a powerful tool in stopping infringement and deterring would-be infringers. Copyright registrations also may be recorded with US Customs and Border Protection which has authority to seize and detain infringing products at the border.
For more information on copyright registration, contact Kristyn Webb.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and is currently earning a Master’s Degree in Copyright Law at King’s College London.

Published December 2, 2022
Related Content from Fishman Stewart
This practice is often called the “Poor Man’s Copyright” and the idea has been around for a long time. The theory is that mailing a copy of a work to yourself will provide you with certain legal rights akin to a copyright registration so long as the envelope remains sealed and bears a postmark by the United States Postal Service.
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works. US copyright law provides the copyright owner with certain exclusive rights for a limited time, after which the works fall into the public domain.
Unlike the Matrix, Star Wars, and Austin Powers, respectively, Chat Generative Pre-trained Transformer, or ChatGPT, is not a robot in disguise or a bot of science fiction. We, the users, provide prompts in text form, and ChatGPT converses in response to the prompts.
Recently, we filed an application to register the copyright for Finny the Fish. In the United States, and in many other countries, copyright protection arises at the moment a work is fixed in tangible medium. So, why would we take the extra step to register Finny’s copyright?
With the 2022 midterms (almost) in the rearview mirror, political junkies are now free to turn their full attention to the 2024 presidential election. Today’s focus is on the tug of war that can occur when candidates play music at campaign events.
Both trademark law and copyright law may protect your logo, although the protection they provide differs. Trademark law would prohibit the unauthorized use of another’s logo that is sufficiently similar to your logo such that it is likely to cause confusion in the marketplace.
In the U.S., copyright protection generally does not extend to “useful” articles, like shoes, but can protect the designs on shoes, like that of the Yeezy Boost 350 sneakers. However, in Italy, the global fashion powerhouse since the 15th century, copyright law can protect shoes—like Moon Boots.
Under US copyright law, in most instances, if an independent designer creates your logo, then the independent designer, not you as the contracting party, would own the copyright.
Humans have been making and using musical instruments since at least the Paleolithic age—long before patent systems were put into place to protect inventions.
A trademark lawsuit brought by Vans against MSCHF, a Brooklyn-based art collective behind musician/artist Tyga’s “Wavy Baby” sneaker design.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
